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a. The office of long-term planning and sustainability in consultation with the department of buildings shall undertake a study and submit a report to the mayor and the speaker of the city council, on the effects of wind on existing buildings, including existing buildings that are raised, and buildings that are under construction in the city of New York. Such report and accompanying recommendations shall be provided no later than two years from the effective date of the local law that added this section and shall include the following:
1. An analysis to determine the types of existing buildings that are at risk of causing falling debris, based on the age, construction classification, construction methods and materials, height, and occupancy use of such buildings;
2. An analysis of the effects of wind on existing buildings that are raised, lifted, elevated or moved in order to comply with Appendix G of the New York city building code or to address flood hazard concerns;
3. An analysis of the effects of wind on buildings that are under construction, including the effects of wind on buildings with incomplete facade assemblies, temporary installations used in construction, and construction materials that are stored on construction sites;
4. An analysis of forecasts related to potential changes in the frequency, intensity, and path of future storm events along with consideration of whether climate change may impact wind speeds; and
5. An examination of the benefits of installing and maintaining weather stations across the city, including on high-rise buildings, to better understand localized wind patterns.
b. The report shall include recommendations on paragraphs one through five of subdivision a of this section as well as recommendations on whether the applicable wind loads under the city's building code should be revised; whether standard wind plans for sites in various stages of construction are needed, including plans regarding equipment and temporary structures such as cranes, derricks, scaffolds, concrete formwork and sidewalk bridges; how equipment and temporary structures such as cranes, derricks, scaffolds, concrete formwork and sidewalk bridges should be designed and secured in light of wind effects; whether changes to the building code or department of buildings rules related to facade work filing and inspection exemptions or safety inspection requirements are necessary and what wind load requirements should be applied to existing buildings.
a. As used in this section:
Criteria air pollutant. The term "criteria air pollutant" means a pollutant for which the United States environmental protection agency has set national ambient air quality standards pursuant to 40 CFR part 50.
Geothermal system. The term "geothermal system" means a geothermal system as defined in section one of local law number 32 for the year 2013.
Peak demand reduction. The term "peak demand reduction" means a reduced demand for electricity that occurs between 2 p.m. and 6 p.m., Monday through Friday from June 1 through September 30.
b. No later than February 1, 2017, an office or agency designated by the mayor shall, in consultation with the department of buildings, the department of design and construction and other relevant agencies, develop and make publicly available online a screening tool that can be used to determine whether installation of a geothermal system may be cost-effective for a property.
c. Such screening tool shall be used in the planning process for the new construction of a city-owned building and the retrofitting of an existing city-owned building's heating and cooling system where the planning process commences on or after February 1, 2017.
d. 1. Where the use of such screening tool required pursuant to subdivision c of this section indicates that installation of a geothermal system may be cost-effective, an engineering and multi-criteria analysis of the use of a geothermal system, including, where appropriate, an analysis of the option of utilizing a photovoltaic system coupled with a geothermal system, shall be conducted. As part of such engineering and multi-criteria analysis, at a minimum, the following criteria shall be used to evaluate geothermal systems and compare such systems with other heating/cooling alternatives:
(a) Comparison of greenhouse gas emissions as a result of fuel and electricity consumption;
(b) Comparison of impacts on criteria air pollutant concentrations;
(c) Comparison of annual electricity consumption and impacts on peak demand reduction;
(d) Where applicable, comparison of a potential revenue stream generated from the peak demand reduction using a dollar metric;
(e) Comparison of fuel and power costs; and
(f) Comparison of the net present value of all alternatives considered, where such net present value shall:
(1) Be based on a 20-year life expectancy for each proposed option, unless a particular technology has a different life expectancy as documented by the manufacturer; and
(2) Include capital costs, operations and maintenance, fuel costs, available federal, state and other non-city governmental funding assistance, and the social cost of carbon value as provided in paragraph 3 or pursuant to paragraph 4; provided 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 paragraph 3 or pursuant to paragraph 4 if such site- or project-specific social cost of carbon value is higher than the social cost of carbon value provided in paragraph 3 or pursuant to paragraph 4.
2. If the geothermal system has the highest net present value of all alternatives considered it shall be selected for implementation.
3. The social cost of carbon value shall be as follows:
Year | Dollar value per metric ton of carbon dioxide equivalent |
2017 | 128 |
2018 | 132 |
2019 | 136 |
2020 | 140 |
2021 | 142 |
4. An office or agency designated by the mayor may by rule increase the social cost of carbon values provided in paragraph 3, and may promulgate rules establishing the social cost of carbon values for years after 2021, provided that any social cost of carbon value established by rule for years after 2021 may not be less than the social cost of carbon value for the year 2021 as provided in paragraph 3 and that any such rule shall disclose the social cost of carbon value, if any, determined by the United States environmental protection agency, for the year for which such rule establishes a social cost of carbon value.
e. By no later than six months after the end of each fiscal year, an office or agency designated by the mayor shall submit to the speaker of the council and make publicly available online a report containing the following information for each project described in subdivision c of this section that is completed during such fiscal year:
1. A brief description of such project;
2. The street address of such project and the community district and council district in which such project is located;
3. Whether installation of a geothermal system for such project was determined to be cost-effective based on the use of the screening tool described in subdivision b of this section;
4. Whether installation of a geothermal system was selected for the project based on the detailed engineering and multi-criteria analysis pursuant to subdivision d of this section; and
5. Whether a geothermal system was installed for such project and, if not, the type of system installed.
f. No later than 18 months after the effective date of the local law that added this subdivision, an office or agency designated by the mayor shall, in consultation with the relevant agencies, develop and submit to the mayor and the speaker of the council recommendations relating to:
1. Standards for the installation and maintenance of geothermal systems, including standards relating to assessing subsurface conditions and the design, commissioning, distribution and performance monitoring of such systems;
2. Required qualifications for persons who will design or install such systems;
3. Maintaining a publicly available registry of such persons;
4. Informing property owners and installers of geothermal systems regarding the potential benefits of coupling a photovoltaic system installation with a geothermal system for buildings within the city; and
5. The technical and regulatory feasibility of implementing a geothermal system for waterfront properties within the city by suspending closed loop coils or other heat exchange devices in the marine surface waters around the city.
(L.L. 2016/006, 1/5/2016, eff. 1/5/2016; Am. L.L. 2023/051, 4/16/2023, eff. 4/16/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/051.
a. Definitions. For purposes of this section, the following terms have the following meanings:
Administering agency. The term "administering agency" means the office or agency designated by the mayor, pursuant to subdivision c of this section, to implement and administer the provisions of this section.
Building. The term "building" has the same meaning as provided in section 28-101.5.
Director. The term "director" means the director of the mayor's office of long-term planning and sustainability.
Environmental justice. The term "environmental justice" has the same meaning as provided in section 3-1001.
Geothermal exchange service. The term "geothermal exchange service" means the provision of thermal energy from, or rejection of thermal energy to, a geothermal exchange system.
Geothermal exchange system. The term "geothermal exchange system" means a system owned by the city that is used to exchange heat between the earth and two or more buildings for the purpose of providing heating, cooling or hot water to two or more buildings. The term "geothermal exchange system" may also include a waste heat system.
Government building. The term "government building" means a building at which the benefits of a geothermal exchange system created pursuant to this section would accrue to the city of New York; or to the state of New York, a public authority, a public benefit corporation, or the federal government, provided that such entity has entered into an agreement or contract for the provision of geothermal energy service at such building pursuant to section 20-e of the general city law, section 99-r of the general municipal law or any other applicable law, through which such agreement or contract is hereby authorized.
Government site. The term "government site" means a site owned or controlled by the city of New York, the state of New York, the federal government, a public authority or a public benefit corporation.
Waste heat system. The term "waste heat system" means a system owned by the city that captures or rejects, and reuses, heat produced from sources including, but not limited to commercial or industrial processes, including transportation systems, data centers and wastewater treatment systems.
b. Identification and selection of sites for geothermal exchange systems.
1. The director shall undertake a study of government sites for the potential development of geothermal exchange systems to serve government buildings. Such study shall include identification and evaluation of potential government sites for development of a geothermal exchange system as part of a demonstration program. In evaluating each such potential site, the director shall consider, without limitation:
(a) The heating and cooling systems of government buildings at and near to the potential site;
(b) The site's geologic and hydrologic profile;
(c) The availability, suitability and accessibility of land at or within a suitable distance of the potential site for construction of any wells necessary to exchange geothermal energy;
(d) Whether the city has the right to develop a geothermal exchange system at the potential site, and if not, the cost of obtaining such right;
(e) The feasibility of government buildings at or near to the potential site participating in the demonstration program and receiving geothermal exchange service from a geothermal exchange system created pursuant to this section;
(f) The heating and cooling energy load profiles, over the course of a year, of the government buildings at or near the potential site;
(g) The size of the potential site and the potential capacity of a geothermal exchange system created pursuant to this section at such site, as related to the estimated demand for geothermal exchange service from the government buildings potentially receiving such service from such system;
(h) The projected utility cost savings for government buildings that receive geothermal exchange service from a geothermal exchange system created pursuant to this section;
(i) The capacity of the potential site to accommodate expansion of a geothermal exchange system created pursuant to this section to serve additional buildings;
(j) The extent to which a geothermal exchange system developed pursuant to this section at the potential site would reduce the demand for natural gas and natural gas infrastructure;
(k) The projected greenhouse gas emissions savings and reductions in other harmful air emissions;
(l) Considerations to advance environmental justice;
(m) The projected costs to build, operate and maintain a geothermal exchange system created pursuant to this section at the potential site;
(n) Whether a geothermal exchange system developed pursuant to this section at the potential site would disrupt existing subterranean systems; and
(o) Other possible costs or benefits of selecting the potential site for development of a geothermal exchange system pursuant to this section.
2. The director, in consultation with the head of the administering agency, and in compliance with sections 197-c and 197-d of the charter, if applicable, shall select a maximum of 10 sites evaluated in the study conducted pursuant to paragraph 1 of this subdivision that are indicated for the development of one or more geothermal exchange systems for a demonstration program. The selection shall be based on the study's determination of the site or sites, if any, presenting the greatest potential benefits. If a selected site proves unsuitable for the demonstration program, the director, in consultation with the head of the administering agency, may select in its place an alternative site in the manner described in this paragraph.
c. During or after the study undertaken pursuant to subdivision b of this section, the mayor shall designate an office or agency to implement and administer the demonstration program and other provisions of this section, in consultation with the director. Such designation shall be made in writing and shall be posted on the administering agency's website.
d. Reporting. On or before March 1, 2023, and on or before March 1 every two years thereafter until March 1, 2033, the director, in consultation with the head of the administering agency, shall provide to the mayor and speaker of the council a detailed report containing an assessment of the demonstration program, discussion of performance and impacts of any geothermal exchange system created pursuant to this section and information on feedback regarding the provision of geothermal exchange service pursuant to this section. Such assessment shall include, but need not be limited to:
1. Recommendations for improving the demonstration program, including the identification of any beneficial new technology for geothermal exchange systems;
2. Recommendations regarding whether to maintain, expand or discontinue the demonstration program;
3. The costs incurred, and savings realized, in the prior two fiscal years by the city in implementing geothermal exchange systems pursuant to this section, and the costs and savings anticipated to be incurred or realized by the city in the subsequent two fiscal years;
4. The greenhouse gas emissions reductions and impacts on energy usage in the prior two fiscal years related to the operation of geothermal exchange systems pursuant to this section, and the expected emissions reductions and impacts on energy usage in the subsequent two fiscal years;
5. Recommendations regarding whether the demonstration program should continue to be administered by the administering agency or be administered by another agency; and
6. Recommendations regarding whether the demonstration program should be made permanent, and if so, a detailed proposal for doing so, including recommendations for any legislation required to implement such proposal.
e. Potential expansion to private customers. If the director, in consultation with the administering agency, determines that expanding the demonstration program described in this section to serve private customers is feasible and practicable, the director shall provide to the mayor and speaker of the council a detailed proposal for doing so, including recommendations for any legislation required to implement such proposal.
(L.L. 2022/002, 1/9/2022, eff. 7/8/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2022/002.
a. Definitions. As used in this section:
Advisory subcommittee. The term "advisory subcommittee" means the New York city energy policy advisory subcommittee appointed to advise the city's sustainability advisory board, as established by subdivision g of section 20 of the New York city charter, regarding the long-term energy goals of the city of New York.
Administering agency. The term "administering agency" means the office or agency designated by the mayor, pursuant to subdivision f of this section, to administer the provisions of this section.
Energy supply. The term "energy supply" means (i) power plants and any other facilities that generate energy that is used in the city; (ii) infrastructure that transmits or distributes energy that is used in the city; (iii) any fuels that are used in buildings or facilities in the city; and (iv) distributed generation sources of electricity, including cogeneration and energy storage facilities that are used in the city.
Renewable energy. The term "renewable energy" means energy generated from (i) hydropower, municipal solid waste, marine and hydrokinetic, wind, solar, biomass, geothermal, and biogas; (ii) any source that the administering agency determines is renewable; or (iii) any source that is determined by the administering agency to have a positive environmental impact or a substantially lower negative environmental impact than other sources of energy.
b. New York city energy policy advisory subcommittee.
1. The administering agency shall convene a New York city energy policy advisory subcommittee.
2. The head of the administering agency or a designee of the mayor shall be the chair of the advisory subcommittee.
3. The mayor or his or her designee shall, in consultation with the speaker of the council, appoint the members of the advisory subcommittee. To the extent practicable, the appointed members shall include representatives of (i) governmental entities that regulate or have a significant interest in the development of the energy supply; (ii) energy utilities; (iii) the renewable energy industry; (iv) the energy industry; (v) consumer organizations advocating on energy issues; (vi) environmental advocacy organizations; (vii) licensed professional engineers; and (viii) other persons with experience or expertise deemed relevant by the mayor or his or her designee. Members of the advisory subcommittee shall serve without compensation and may be removed at any time by the mayor or his or her designee, in consultation with the speaker of the council.
c. Meetings. The advisory subcommittee shall convene at least once every six months for the purpose of evaluating materials related to the adequacy and potential risks to the energy supply, and to provide advice and recommendations concerning the implementation of objectives regarding the development of the energy supply, as established by the long-term energy plan required by this section.
d. The administering agency shall submit to the mayor and the speaker of the council, and make publicly available online, a long-term energy plan, in conjunction with the plan developed in accordance with subdivision e of section 20 of the New York city charter. Such plan must be completed by June 30, 2022, and shall be updated every four years thereafter. The advisory subcommittee established by this section shall provide, as needed, advice and recommendations with respect to the development of such plan, which shall include, but not be limited to:
1. A review of the current energy supply and capacity;
2. A summary of the current citywide energy demand and a projection of the future citywide energy demand over the next four years, or such longer period as the advisory subcommittee may deem appropriate, including (i) an identification of factors that may affect demand; (ii) specific recommendations regarding the capacity that could be added to the current energy supply to meet such projected demand after consideration of such factors; and (iii) actions the city could take in connection with such recommendations;
3. A list of each governmental entity that regulates or exercises any authority over the energy supply, in whole or in part, and, for each such entity, a description of its role with respect to the energy supply;
4. An estimate of the renewable energy sources within or directly connected to Zone J plus an accounting of energy efficiency measures and distributed generation that have been deployed in the city;
5. Specific recommendations for developing and integrating additional renewable energy sources and energy efficiency measures to the maximum extent possible, including actions the city could take in connection with such recommendations, and actions the city could advocate be taken by the state and federal government in connection with such recommendations.
e. Where the administering agency has established a long-term energy plan in accordance with this section and in conjunction with the long-term sustainability plan required by subdivision e of section 20 of the New York city charter, the advisory subcommittee shall provide advice and recommendations with respect to:
1. Plans for providing information to city residents and other members of the public regarding energy efficiency initiatives and the purchase of renewable energy;
2. Plans for the dissemination of information to city residents and other members of the public about the benefits of and progress attained through such long-term energy plan; and
3. For any subsequent long-term energy plan, a review of the city's objectives and recommendations established in the previous long-term energy plan.
f. The mayor shall, in writing, designate one or more offices or agencies to administer the provisions of this section and may, from time to time, change such designation. Within 10 days after such designation or change thereof, a copy of such designation or change thereof shall be published on the city's website and on the website of each such office or agency, and shall be electronically submitted to the speaker of the council.
g. The long-term energy plan developed in accordance with subdivision d of this section shall include the following:
1. An assessment of the feasibility of replacing in-city gas-fired power plants associated with the bulk power system with battery storage powered by renewable energy sources in a manner that is consistent with the New York state public service commission energy storage deployment policy developed pursuant to section 74 of the public service law;
2. An assessment of when such replacement, if feasible, can take place;
3. A review of potential technologies for battery storage of energy; and
4. In an appendix included only in the initial plan required to be completed by June 30, 2022, an assessment of the feasibility of constructing renewable energy sources combined with battery storage facilities on Rikers Island, including an evaluation of economic costs, value, rate of return, sustainability, and any additional considerations relevant to such assessment. The Rikers Island advisory committee established pursuant to subdivision b of section 4-215 of this code may submit recommendations regarding such assessment to the administering agency.
(L.L. 2017/248, 12/17/2017, eff. 12/17/2017; Am. L.L. 2019/099, 5/19/2019, eff. 5/19/2019; Am. L.L. 2021/017, 2/25/2021, eff. 2/25/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2017/248.
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