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The commissioner of citywide administrative services or, when designated by the mayor, the commissioner of design and construction, shall supervise the management activities of any party to a contract with the city which requires such party to develop any real property in accordance with the terms of such contract, in any case where such contract provides that the commissioner shall exercise such supervision.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1996/059.
Until such time as all persons listed as missing in action from any branch of the United States Armed Forces, and all persons from any branch of our armed forces who are prisoners of war, are accounted for by the United States government, the commissioner of citywide administrative services shall assure that the Prisoner of War/Missing in Action (POW/MIA) flag is flown:
(1) over all borough halls every day the American flag is flown; and
(2) over all public property supervised by the commissioner on the dates when the American flag is flown in observance of Memorial Day, Veterans Day, and POW/MIA day.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1996/059.
a. As used in this section:
City building. The term "city building" shall have the meaning ascribed to such term in section 28-309.2 of the code.
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
(c) The estimated amount of greenhouse gas emissions reduced or avoided annually due to the use of such system;
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;
(c) The date of such installation;
(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.
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;
(c) The total change in fossil fuel usage over the same period for all covered facilities that are city-owned buildings;
(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)
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