§ 4-207.3 Utility-scale energy storage systems for city buildings.

Contracted entity. The term “contracted entity” means a local development corporation or other not-for-profit corporation, a majority of whose members are appointed by the mayor, that contracts with the city to provide or administer economic development benefits on behalf of the city and expending city capital appropriations in connection therewith, except that such term does not include the Brooklyn navy yard development entity as defined in section 22-821.

Cost effective. The term "cost effective" means, with respect to the installation of a photovoltaic system or additional photovoltaic system capacity, one or more of the following determinations:

1. The cumulative savings expected to result from such installation, including expected savings in energy costs, will in 25 years or less, equal or exceed the expected costs of such installation, less all federal, state and other non-city governmental assistance available to offset the cost of such installation and including the social cost of carbon value, as described in paragraphs 3 and 4 of subdivision d of section 3-125 of the code; provided, however, that a higher site- or project-specific social cost of carbon value may be developed and used in lieu of the social cost of carbon value described in such paragraphs.

2. A power purchase agreement relating to such installation, entered into with the city, offers electricity rates for photovoltaic systems that meet or are lower than the average prevailing utility rates.

Department. The term "department" means the department of citywide administrative services.

Eligible roof. The term "eligible roof" means a city building roof that is less than or equal to ten years old and in good condition, as defined by city asset management standards.

b. 1. By December 31, 2035, the department, in coordination with any other relevant agency, shall install, maintain, and operate photovoltaic systems with a total power capacity of at least 150 megawatts on city building roofs and other city-owned property, including but not limited to parking lots, industrial sites, and property controlled, leased, or operated by a contracted entity.

2. By September 1, 2030, the department, in coordination with any other relevant agency, shall install at least 100 megawatts of the photovoltaic systems required to be installed pursuant to paragraph 1 of this subdivision.

c. In meeting the requirements of subdivision b of this section, the department shall prioritize the installation of photovoltaic systems in disadvantaged communities, as defined by section 75-0101 of the environmental conservation law.

d. The department, in coordination with any other relevant agency, shall set criteria for increasing the number of eligible roofs in order to meet the requirements of subdivision b of this section. The department shall identify such criteria and any increase in the number of eligible roofs in the report required by subdivision f of this section.

e. 1. By September 1, 2028, the department shall submit to the speaker of the council and the mayor, and make publicly available online, a report that identifies factors to consider when making determinations about the long-term ownership, operation, and maintenance of photovoltaic systems installed pursuant to subdivision b of this section that are the subject of power purchase agreements.

2. By September 1, 2030, the department shall submit to the speaker of the council and the mayor, and make publicly available online, a report (i) identifying the expected location and size, expressed in total power capacity (in kilowatts), of each photovoltaic system to be installed pursuant to subdivision b of this section that has not been installed as of September 1, 2030, and (ii) indicating whether a request for proposals has been issued for all contracts necessary to install such photovoltaic systems, and, if so, providing a planned timeline, including a planned date of completion, for all work to be performed pursuant to such contracts.

f. By December 31, 2016, and by September 1 of every second year thereafter, the department, with the cooperation of all appropriate city agencies, shall submit to the speaker of the council and the mayor, and make publicly available online, a report containing, at a minimum, the following information for each city building, disaggregated by council district:

1. The street address of such building;

2. The age of such building's roof;

3. Whether such building's roof is in good condition, as defined by city asset management standards;

4. The following information for 100 unique roofs that are not eligible roofs and for which such information has not been included in any prior report: the estimated photovoltaic system size that could be installed on each such roof, as expressed in installed power capacity (in kilowatts), if such roof were repaired or replaced so as to become an eligible roof;

5. For each eligible roof, the following information will be provided:

(a) The estimated potential photovoltaic system size that could be installed on such roof, as expressed in installed power capacity (in kilowatts);

(b) The estimated potential energy that could be generated by such system annually (in kilowatt-hours); and

6. Whether a photovoltaic system has been installed at such building and, if such a system has been installed, a description thereof, including:

(a) The photovoltaic system size expressed in installed power capacity (in kilowatts), as a percentage of the maximum peak power need identified for such building and, if such building has an eligible roof, as a percentage of the maximum photovoltaic system size that could be cost effectively installed on the roof of such building;

(b) The energy generated by such system annually (in kilowatt-hours) and expressed as a percentage of the estimated energy consumption of such building;

(d) The total cost of such system and a description of how the installation of such system was financed, including whether such financing involved a power purchase agreement entered into with the city;

(e) The energy cost savings resulting from and revenue generated by such system annually; and

(f) The estimated amount of greenhouse gas emissions reduced or avoided due to such system annually; and

(g) If such system was installed pursuant to a power purchase agreement, the legal name of the prime contractor responsible for such installation; and

7. If a photovoltaic system has not been installed at such building, the reasons that such a system was not installed and, where an alternate sustainability project, structural change or other use has been proposed or carried out for the roof of such building, a description of such alternate project, structural change or use including:

(a) The projected benefits thereof;

(b) The estimated energy cost savings, if applicable; and

(c) The estimated amount of greenhouse gas emissions reduced or avoided annually due to such project, structural change or use, if applicable, and associated economic value as determined using the social cost of carbon value, as described in paragraphs 3 and 4 of subdivision d of section 3-125.

g. The department shall also include in the report required by subdivision f of this section, the following information for each city-owned property, other than a city building, on which a photovoltaic system has been installed:

1. The street address of such property;

2. The property’s primary use;

3. The photovoltaic system size expressed in installed power capacity (in kilowatts);

4. The energy generated by such system annually (in kilowatt-hours);

5. The date on which such system was installed;

6. The total cost of such system and a description of how the installation of such system was financed, including whether such financing involved a power purchase agreement entered into with the city;

7. The energy cost savings resulting from and revenue generated by such system annually;

8. The estimated amount of greenhouse gas emissions reduced or avoided due to such system annually; and

9. If such system was installed pursuant to a power purchase agreement, the legal name of the prime contractor responsible for such installation.

(L.L. 2016/024, 3/14/2016, eff. 3/14/2016; Am. L.L. 2024/099, 10/26/2024, eff. 12/10/2024)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2024/099.

§ 4-207.2 Monitoring electricity and fossil fuel usage in certain facilities.

a. For the purposes of this section:

Covered facility. The term "covered facility" means a facility for which the city is responsible for the payment of electricity utility bills and where at least one electricity account exists for which demand was at least 300 kilowatts (kW) during the previous fiscal year.

Department. The term "department" means the department of citywide administrative services.

Electricity usage telemetry equipment. The term "electricity usage telemetry equipment" means equipment that allows electricity usage to be measured and reported in near real-time.

b. No later than December 31, 2018, and every year for a period of three years from that date, the department shall submit to the speaker of the council and to the mayor, and make publicly available on its website, a report on electricity and fossil fuel usage in, and assessments of or improvements made to the envelopes of, certain covered facilities. Such report shall include, but need not be limited to, the following information:

1. For each covered facility:

(a) Street address;

(b) A statement as to whether electricity usage telemetry equipment has been installed at such facility;

(c) If such electricity usage telemetry equipment has not been installed at such facility, whether such installation is appropriate and practicable and, if appropriate and practicable, the year such equipment is expected to be installed;

(d) The electricity usage of such facility during the previous fiscal year or the portion of such period of time that such facility was a covered facility;

(e) The change in such facility's electricity usage over the last five fiscal years or the portion of such period of time that such facility was a covered facility; and

(f) The total change in electricity usage over the same period for all covered facilities.

2. For each covered facility that is a city-owned building:

(a) The amount of fossil fuel used by such facility during the previous fiscal year or the portion of such period of time that such facility was a covered facility and a city-owned building;

(b) The change in such facility's fossil fuel usage over the last five fiscal years or the portion of such period of time that such facility was a covered facility and a city-owned building;

(d) A statement as to whether the city has assessed the envelope of such facility during the previous fiscal year; and

(e) A description of any improvements made to the envelope of such facility that were commenced, continued or completed during the previous fiscal year.

c. The department, in conjunction with any other appropriate city agency, shall coordinate the installation of electricity usage telemetry equipment in any covered facility where the department has determined that installation of such equipment is appropriate and practicable.

d. Following installation of electricity usage telemetry equipment by the department at a covered facility, the department shall train agency personnel responsible for such facility in using such equipment to monitor electricity usage.

(L.L. 2018/045, 1/11/2018, eff. 1/11/2018)

§ 4-207.3 Utility-scale energy storage systems for city buildings.

a. Definitions. As used in this section, the following terms have the following meanings:

Energy storage system. The term "energy storage system" means a set of methods and technologies for storing potential, kinetic, chemical, electromagnetic, thermal, or any other type of energy, including compressed air, flywheels, batteries, superconducting magnetic storage and ice storage, so that such energy may be used at a time other than when it is generated.

City building. The term "city building" means a building that is owned by the city or for which the city regularly pays all of the annual energy bills, or a cultural institution that is in the cultural institutions group as determined by the department of cultural affairs for which the city regularly pays all or part of the annual energy bills.

Commissioner. The term "commissioner" means the commissioner of citywide administrative services

Cost effective. The term "cost effective" means, with respect to the installation of an energy storage system, that the cumulative savings in energy costs expected to result from the use of such system will, within 15 years of installation of such system, be equal to or exceed the expected costs of the acquisition, installation, and maintenance of such system during that same time period. The determination of cost effectiveness shall not include any savings in energy costs directly attributed to federal, state and other non-city governmental assistance, but shall include the social cost of carbon value, as provided in paragraph 3 of subdivision d of section 3-125 or pursuant to paragraph 4 of subdivision d of section 3-125, provided however, that a site- or project-specific social cost of carbon value may be developed and used in lieu of the social cost of carbon value provided in or pursuant to such paragraphs if such site- or project-specific social cost of carbon value is higher than the social cost of carbon value provided in or pursuant to such paragraphs.

Department. The term "department" means the department of citywide administrative services.

b. No later than April 30, 2021, the department, or any other agency authorized by the commissioner, shall complete a study regarding the feasibility of the installation and use of each available type of utility-scale energy storage systems in each city building, and submit to the mayor and the speaker of the council a copy of such study. Such study shall include a review of any available federal or state funds or incentives for the acquisition, installation, operation or maintenance of such systems.

c. The department, or any other agency authorized by the commissioner, shall, in accordance with all applicable law, install utility-scale energy storage systems on all city buildings where the installation of such systems is cost effective, as determined by the study described in subdivision b.

d. No later than December 15, 2021, the department shall report to the mayor and the speaker of the council:

1. The types of utility-scale energy storage systems that were studied, as applied to various city buildings;

2. The city buildings where the installation of a utility-scale energy storage system may be appropriate, as determined by the department and the projected annual energy and other cost savings for each such system, both individually and in the aggregate;

3. The number of city buildings where the installation of a utility-scale energy storage system has been commenced by the department or other agency authorized by the commissioner; and

4. The number of city buildings where the installation of a utility-scale energy storage system has been completed by the department or other agency authorized by the commissioner, the type of such system installed on such building, and the annual energy and other cost savings associated with the installation and use of such systems.

(L.L. 2019/181, 10/26/2019, eff. 10/26/2019)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2019/181.

§ 4-207.4 Solar water heating and thermal energy systems for city-owned buildings.

a. As used in this section, the following terms have the following meanings:

Commissioner. The term "commissioner" means the commissioner of citywide administrative services.

Cost effective. The term "cost effective" means, with respect to the installation of a solar water heating or thermal energy system, that the cumulative savings expected to result from the use of such system, including expected savings in energy costs, will, within 25 years of such installation, be equal to or exceed the expected costs of the acquisition, installation, and maintenance of such system during that same time period. The determination of cost effectiveness shall not include any savings in costs directly attributed to federal, state and other non-city governmental assistance, but shall include the social cost of carbon value, as provided in paragraph 3 of subdivision d of section 3-125 or pursuant to paragraph 4 of subdivision d of section 3-125, provided, however, that a site- or project-specific social cost of carbon value may be developed and used in lieu of the social cost of carbon value provided in or pursuant to such paragraphs if such site- or project-specific social cost of carbon value is higher than the social cost of carbon value provided in or pursuant to such paragraphs.

Department. The term "department" means the department of citywide administrative services.

b. No later than April 30, 2021, the department, or any other agency authorized by the commissioner, shall conduct a study identifying the types of city-owned buildings where solar water heating and thermal energy systems may be appropriate and cost-effective, and submit such study to the mayor and the speaker of the council. Such study shall describe any federal or state funds or incentives that would be available to defray costs related to the installation, operation or maintenance of such systems.

c. The department, or any other agency authorized by the commissioner, shall, in accordance with all applicable law, install a solar water heating system or a thermal energy system on all city-owned buildings where the traditional hot water or space heating equipment has reached the end of its useful life, provided that such a solar water heating system or thermal energy system is cost effective, as determined by the study described in subdivision b.

d. No later than December 15, 2021, the department shall report to the mayor and the speaker of the council:

1. The types of city buildings where the installation of a solar water heating or thermal energy system may be appropriate, as determined by the department;

2. The number of city buildings where the installation of a solar water heating or thermal energy system has been commenced by the department of other agency authorized by the commissioner;

3. The number of city buildings where the installation of a solar water heating or thermal energy system has been completed by the department of other agency authorized by the commissioner; and

4. The annual energy and other cost savings, and any other environmental benefits associated with the use of such completed systems.

(L.L. 2019/183, 10/26/2019, eff. 10/26/2019)

§ 4-208 List of city-owned and operated real property.

a. The department of citywide administrative services shall keep and maintain a complete list of the location and current use of all real property owned or leased by the city. For each parcel of property, such list shall include, but need not be limited to, the following information to the extent such information is available:

(1) the map on which the property appears in the most recent atlas of the property;

(2) the tax block number;

(3) the tax lot number;

(4) the address or name of the property, if applicable;

(5) the agency to which the property is assigned;

(6) sufficient information to determine the property's current use or to determine that it has no current use;

(7) total area of the property, expressed in square feet and rounded to the nearest integer;

(8) whether the property contains the presence of an open petroleum spill;

(9) whether the property is enrolled in a government cleanup program, and if so, the name of such program;

(10) the year construction of the structure or structures was completed and whether such year is an estimate, where applicable;

(11) the number of structures, where applicable;

(12) total gross area of all structures expressed in square feet and rounded to the nearest integer, where applicable;

(13) ratio of building floor area to the area of the property, where applicable;

(14) allowable ratio of building floor area to the area of the property, where applicable;

(15) land use category as defined by the department of city planning;

(16) the community district;

(17) the most recent census tract;

(18) the most recent census block;

(19) the community school district;

(20) the city council district;

(21) the zip code;

(22) the fire company that services the property;

(23) the health area;

(24) the health center district;

(25) the police precinct;

(26) the major use of the structure or structures, where applicable;

(27) the number of easements, where applicable;

(28) the exterior dimensions of the portion of the structure or structures allocated for commercial use, where applicable;

(29) the exterior dimensions of the portion of the structure or structures allocated for residential use, where applicable;

(30) the exterior dimensions of the portion of the structure or structures allocated for office use, where applicable;

(31) the exterior dimensions of the portion of the structure or structures allocated for retail use, where applicable;

(32) the exterior dimensions of the portion of the structure or structures allocated for garage use, where applicable;

(33) the exterior dimensions of the portion of the structure or structures allocated for storage or loft use, where applicable;

(34) the exterior dimensions of the portion of the structure or structures allocated for factory use, where applicable;

(35) the exterior dimensions of the portion of the structure or structures allocated for a use or uses other than residential, office, retail, garage, storage, loft or factory use, where applicable;

(36) the number of full and partial stories starting from the ground floor in the primary structure, where applicable;

(37) the sum of residential units in all structures, where applicable;

(38) the sum of residential and non-residential units in all structures, where applicable;

(39) the frontage, measured in feet;

(40) the depth, measured in feet;

(41) the frontage along the street, measured in feet;

(42) the depth of the structure or structures, which is the effective perpendicular distance, measured in feet, where applicable;

(43) whether the structure or structures are detached, semi-detached or attached to neighboring structures, where applicable;

(44) whether the property is irregularly shaped;

(45) the location relative to another lot or the water, expressed as mixed or unknown, block assemblage, waterfront, corner, through, inside, interior, island, alley or submerged land;

(46) a description of the basement, expressed as none, full basement that is above grade, full basement that is below grade, partial basement that is above grade, partial basement that is below grade or unknown;

(47) the actual assessed value as of the most recent fiscal year;

(48) the actual exempt land value as of the most recent fiscal year;

(49) the actual exempt total value as of the most recent fiscal year;

(50) the year of the most recent alteration, where applicable;

(51) the year of the second most recent alteration, where applicable;

(52) the name of the historic district, where applicable;

(53) whether the property is a landmark and, if so, the name of such landmark, where applicable;

(54) the condominium number assigned to the complex, where applicable;

(55) the coordinate of the XY coordinate pair that depicts the property's approximate location as expressed in the New York-Long Island state plane coordination system;

(56) the e-designation number associated with the property, where applicable;

(57) whether the property is located in an industrial business zone;

(58) the primary zoning classification of the property;

(59) the zoning designation occupying the second greatest percentage of the property's area, where applicable;

(60) the primary commercial overlay assigned to the property, where applicable;

(61) the commercial overlay occupying the second greatest percentage of the property's area, where applicable;

(62) the special purpose or limited height district assigned to the property, where applicable;

(63) the special purpose or limited height district assigned to the property occupying the second greatest percentage of the property's area, where applicable;

(64) whether the land is potentially suitable for urban agriculture; and

(65) agency contact information, including name, telephone number and email address.

b. For each property managed by the economic development corporation, such list shall include the percentage of usable space actually occupied by a tenant or tenants.

c. Such list shall be made available to the public at no charge on a website maintained by or on behalf of the city of New York in a sortable and searchable format and for download at no charge from such website in a non-proprietary database format. Such list shall be completely updated no less than once every two years.

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