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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5909A
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.
STATE OF NEW YORK
________________________________________________________________________
5909--A
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.
LBD00500-02-4
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.
