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§ 4-216 Limitation on lighting in city-owned buildings.
   a.   As used in this section:
      "Compliant building" means a building in which all covered spaces comply with the occupancy sensor requirements of section C405.2 of the New York city energy conservation code for new construction.
      "Covered building" means a city-owned building that is under the jurisdiction of and is operated by the department of citywide administrative services. For the purposes of this section, a covered building shall not include either a high-occupancy building or a critical facility for which such occupancy sensor requirements shall not apply.
      "Covered space" means space that is located within a city-owned building that is under the jurisdiction of and is operated by the department citywide administrative services and which is required to comply with the occupancy sensor requirements of section C405.2 of the New York city energy conservation code.
   b.   Existing covered spaces shall comply with the occupancy sensor installation requirements of section C405.2 of the New York city energy conservation code for new construction as follows:
      1.   by January 1, 2023, at least 25 percent of covered buildings shall be compliant buildings;
      2.   by January 1, 2025, at least 50 percent of covered buildings shall be compliant buildings;
      3.   by January 1, 2027, at least 75 percent of all covered buildings shall be compliant buildings.
      4.   by January 1, 2030, all remaining covered buildings shall be compliant buildings.
   c.   By January 1, 2024 and every third year thereafter until 2030, the department of citywide administrative services shall, with the cooperation of all relevant agencies, report to the mayor and the speaker of the council the following information:
      1.   the number of covered buildings as of the end of the previous three calendar years;
      2.   the number of compliant buildings and the percentage of covered buildings that are compliant buildings, as of the end of the previous three calendar years; and
      3.   the number of covered buildings that became compliant buildings during the previous three calendar years.
(L.L. 2022/030, 1/15/2022, eff. 1/15/2022)
§ 4-217 Limitation on nighttime illumination in city-owned or leased buildings during peak avian migration periods.
   a.   For the purposes of this article, the following terms shall have the following meanings.
      Non-essential outdoor lighting. The term "non-essential outdoor lighting" means lighting that has not been deemed essential for either safety or functionality as determined by an agency designated by the mayor or by the owner of a leased building.
      Peak avian migration period. The term "peak avian migration period" means the period from August 15 through November 15, and the period from April 1 through May 31 as recommended by New York City Audubon or such other dates determined by an agency designated by the mayor.
   b.   For city-owned buildings, and buildings leased by the city in which the city is the only tenant, non-essential outdoor lighting shall be turned off between the hours of 11:00 p.m. and 6:00 a.m. during peak avian migration periods.
   c.   For buildings leased by the city, where the city is not the only tenant, the agency leasing such building shall use its best efforts to include a provision in such lease requiring that non-essential outdoor lighting be turned off between the hours of 11:00 p.m. and 6:00 a.m. during peak avian migration periods.
(L.L. 2022/031, 1/15/2022, eff. 1/15/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2022/031.
§ 4-218 Solar energy generation on city-controlled parking lots.
   a.   As used in this section, the following terms have the following meanings:
      City-controlled parking lot. The term “city-controlled parking lot” means an open parking lot, as such term is defined in the New York city building code, that the city operates on property that is owned by the city or leased by the city pursuant to an agreement that would allow the city to install a solar canopy on such lot in accordance with this section, provided, however, that city-controlled parking lot does not mean a parking lot that is leased to or operated by a person or entity other than the city.
      Cost-effective. The term “cost-effective” means, with respect to the installation of a solar canopy on a city-controlled parking lot, that the cumulative savings with respect to such solar canopy will, within 25 years of such installation, be equal to or exceed the expected net cost of such solar canopy over the same period. The calculation of cost-effectiveness shall include:
         1.   The expected net present value to the city of the energy that would be produced by such canopy, if such canopy remained active, over such 25 year period after such canopy is installed, or, where a city-controlled parking lot is not owned by the city, over the lesser of such 25 year period or the length of time remaining before the lease for such lot expires or is due to be renewed; and
         2.   The value of emissions reductions attributable to such canopy over the applicable time period described in paragraph 1 of this term, which shall be calculated using a social cost of carbon value, as provided in a rule promulgated pursuant to paragraph 4 of subdivision d of section 3-125, or if no such rule exists, the greater of a social cost of carbon value, if any, determined by the United States environmental protection agency for the applicable year or $142 per metric ton of carbon dioxide equivalent, 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 herein if such site- or project-specific social cost of carbon value is higher than the social cost of carbon value provided by this paragraph.
      Department. The term “department” means the department of citywide administrative services.
      Net cost. The term “net cost” means the gross cost to the city of the acquisition, installation, and maintenance of a solar canopy on a city-controlled parking lot minus an amount equal to the sum of all federal, state, and other non-city governmental assistance utilized by the city to offset such gross cost.
      Solar canopy. The term “solar canopy” means a structure covering 1 or more parking spaces that is designed and constructed to capture solar radiation for the purpose of producing usable energy.
   b.   Identification of locations. The department shall, with the cooperation of all other relevant agencies, review all city-controlled parking lots and identify city-controlled parking lots where the installation of solar canopies would be cost-effective.
   c.   Pilot program.
      1.   The department, or another agency designated by the mayor, with the cooperation of all other relevant agencies, shall establish a pilot program to install and maintain solar canopies on city-controlled parking lots. Such pilot program shall include the installation of a solar canopy on at least 1 city-controlled parking lot in each borough where there is a city-controlled parking lot identified by the department pursuant to subdivision b of this section. To the extent practicable, such solar canopies shall be installed no later than 2 years after the effective date of the local law that added this section. In the event that the department or such agency designated by the mayor determines that it will be unable to install such solar canopies by such deadline, the department or such agency shall immediately notify the mayor and the speaker of the council and provide an explanation for the delay, along with the anticipated date on which such installations will be complete. Such pilot program shall continue for 1 year following such installation.
      2.   For each city-controlled parking lot at which a solar canopy is installed under this subdivision, the department shall install no fewer than 5 electric vehicle chargers, each of which shall have a minimum charging capacity of 6 kilowatts. Such electric vehicle chargers shall be installed no later than the date on which such solar canopies are installed.
      3.   Nothing in this subdivision shall be interpreted so as to limit any obligation of the department or any other agency to install electric vehicle charging stations or related equipment pursuant to any other provision of law.
   d.   Report. No later than 6 months after the pilot program ends, the department or other agency designated by the mayor shall, with the cooperation of all other relevant agencies, submit to the mayor and the speaker of the council a report that includes the following:
      1.   The number of city-controlled parking lots at the start of the pilot program, and the locations of such parking lots;
      2.   The number and location of city-controlled parking lots the department identified as cost-effective for the installation of solar canopies pursuant to subdivision b of this section;
      3.   The number and location of city-controlled parking lots where solar canopies were installed as part of the pilot program established by subdivision c of this section; and
      4.   Any recommendations as to whether and how such pilot program may be expanded and made permanent.
(L.L. 2024/063, 5/18/2024, eff. 5/18/2024)