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A05909 Summary:

Add §94-d, Exec L
Establishes a chief sustainability officer to coordinate efforts across state agencies and other state government entities to address climate change mitigation and climate sustainability efforts.
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A05909 Actions:

03/24/2023referred to governmental operations
01/03/2024referred to governmental operations
02/01/2024amend (t) and recommit to governmental operations
02/01/2024print number 5909a
03/05/2024reported referred to ways and means
05/07/2024reported referred to rules
05/08/2024rules report cal.42
05/08/2024ordered to third reading rules cal.42
05/13/2024passed assembly
05/13/2024delivered to senate
06/05/2024SUBSTITUTED FOR S2003A
06/05/20243RD READING CAL.1559
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A05909 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Epstein
  TITLE OF BILL: An act to amend the executive law, in relation to establishing a chief sustainability officer   PURPOSE: The purpose of this bill is to ensure that.state government in New York strives for environmentally sustainable practices within its own build- ings, vehicles and for the public health of its personnel as a long-term practice, through the establishment of the position of chief sustaina- bility officer.   SUMMARY OF PROVISIONS: Section one adds a new section 94-d to the executive law to create a position of Chief Sustainability Officer (CSO), to be appointed by the governor. The CSO would coordinate efforts related to the state's climate goals, including, but not limited to, coordinating policy to promote energy and environmental sustainability across state government operations; supporting state agencies' implementation of statutory requirements related to energy and environmental protection; and acting as New York's representative to the United States Climate Alliance and other national organizations focused on climate science and sustainabil- ity research. Section two establishes the effective date.   JUSTIFICATION: The coordination across state agencies of efforts to maintain energy efficiency in buildings and vehicles and other entities is the purview of sustainability offices across the country and within the federal government as well. New York has directives for energy efficiency and laws creating dean energy targets for the state as a whole; however, there is no central office whose singular mission is to coordinate the best practices for sustainability, climate change mitigation, and envi- ronmental stewardship throughout state government, including all of the buildings and the vehicle fleet the state owns and/or manages. Addi- tionally, in the wake of the COVID pandemic, sustainability measures can also serve to maintain public health for the state's 300,000+ state employees. With regard to energy usage, in 2012 the Governor's Executive Order 88 directed the New York Power Authority to create a Central Management and Implementation Team (CMIT) to have all Affected State Entities reduce energy use by at least 2096 by April 2020 and to submit annual reports on progress toward that target. The goals of this EO are now superseded and strengthened by the state's Climate Law, (Ch.106 /Laws of 2019 the "CLCPA"); however, the Climate Law does not provide for overall sustain-ability measures that go beyond clean energy usage by the state itself. In addition to managing energy efficiency efforts, a sustainability officer can lead the state's ongoing and long term efforts toward: modernization of vehicle fleet; waste reduction efforts; air quality in buildings; water usage reduction; and all facets of environmental and public health measures that collectively constitute sustainable manage- ment of our state government entities.   FISCAL IMPLICATIONS: To be determined. The establishment of the office of sustainability could be made within existing appropriations for the department of state or through future appropriations. 2021-2022 - S.6849 (May)   EFFECTIVE DATE: January 1st after enactment.
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A05909 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                     March 24, 2023
        Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
          tee on Governmental Operations --  recommitted  to  the  Committee  on
          Governmental  Operations in accordance with Assembly Rule 3, sec. 2 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee

        AN  ACT  to amend the executive law, in relation to establishing a chief
          sustainability officer
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The executive law is amended by adding a new section 94-d
     2  to read as follows:
     3    § 94-d. Chief sustainability officer.  1. Purpose. The chief sustaina-
     4  bility officer shall coordinate efforts across all  agencies  and  other
     5  state  government  entities  to  address  climate  change mitigation and
     6  climate sustainability efforts in New York state.
     7    2. Definitions.  For the purposes of this section:
     8    (a) "Officer" shall mean the chief  sustainability  officer  appointed
     9  pursuant to this section.
    10    (b)  "State  agency"  or "state agencies" shall mean any state depart-
    11  ment, board, bureau, division, commission, committee, public  authority,
    12  public   corporation,  council,  office  or  other  governmental  entity
    13  performing a governmental or proprietary function of the  state,  except
    14  the judiciary or the state legislature.
    15    3.    The  governor shall appoint a chief sustainability officer. Such
    16  chief sustainability officer shall accomplish the duties  set  forth  in
    17  this  section  in  an  effort  to advise and assist state agencies in an
    18  ongoing coordinated response  to  address  climate  change.  Such  chief
    19  sustainability officer shall receive a salary, to be fixed by the gover-
    20  nor within the amounts appropriated therefor.
    21    4. The chief sustainability officer shall:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 5909--A                          2
     1    (a) Review rules and regulations of state agencies and submit proposed
     2  amendments  and/or additions of such rules and regulations to such agen-
     3  cies for consideration that the officer shall deem appropriate or neces-
     4  sary to help mitigate negative impacts of  climate  change  and  promote
     5  climate sustainability;
     6    (b) Coordinate policy to promote energy and environmental sustainabil-
     7  ity  across state government operations, including the office of general
     8  services, the New York state energy research and development  authority,
     9  the  department  of  environmental  conservation,  and the department of
    10  state;
    11    (c) Work with state  agencies  and  departments  to  ensure  effective
    12  implementation and achievement of statutory requirements and state goals
    13  related to energy and environmental protection;
    14    (d)  Coordinate  implementation of programs and initiatives to improve
    15  state facility and vehicle fleet  efficiency  and  promote  adoption  of
    16  energy  efficient technologies and the modernization of state facilities
    17  and operations;
    18    (e) Design and share with state agencies  and  departments  strategies
    19  that  can be used to leverage state facilities and assets to advance the
    20  conservation of natural  resources  and  highlight  best  environmental,
    21  technological  and  policy  strategies to reach the highest energy effi-
    22  ciency standards reasonably possible;
    23    (f) Develop sustainable practices to plan for and mitigate  enterprise
    24  risks  while reducing waste and to help strengthen commercial, cultural,
    25  and political cooperation and engagement;
    26    (g) Advise state agencies and departments in best practices for  envi-
    27  ronmental  regulatory  compliance, reporting, partnerships and outreach,
    28  and environmental sustainability innovation;
    29    (h) Assist the department of state in  reducing  its  use  of  natural
    30  resources  through  improving energy and water efficiency, and providing
    31  data and tools that protect the health of the state government's person-
    32  nel and employees and their families;
    33    (i) Partner with private sector businesses, public and private univer-
    34  sities, and government agencies to improve environmental  sustainability
    35  across the state;
    36    (j)  Participate  in inter-agency working groups that develop environ-
    37  mental requirements and guidance for state agencies;
    38    (k) Act as a representative of New York state  at  the  United  States
    39  Climate  Alliance  and  other  national  and international organizations
    40  focused on climate science and sustainability research  and  goals  that
    41  the chief sustainability officer shall deem appropriate;
    42    (l)  Inform  the  governor, secretary, legislature, and state agencies
    43  and other governmental entities of the latest research and  developments
    44  in the field of climate science;
    45    (m) Advise and assist the New York state climate action council estab-
    46  lished pursuant to section 75-0103 of the environmental conservation law
    47  in  such  duties  of  such council that the chief sustainability officer
    48  shall deem appropriate; and
    49    (n) Be the state's coordinator for the implementation of  the  climate
    50  leadership and community protection act.
    51    5.  All  state  agencies shall cooperate with the chief sustainability
    52  officer to ensure that the  chief  sustainability  officer  is  able  to
    53  fulfill the requirements under this section.
    54    §  2. This act shall take effect on the first of January next succeed-
    55  ing the date on which it shall have become a law.
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