S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   249

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  MAGNARELLI,  CLARK, COLTON, MARKEY, PHEFFER,
  ROBINSON, WRIGHT, HEVESI, LUPARDO, JAFFEE, SWEENEY  -- Multi-Sponsored
  by -- M. of A.   GOTTFRIED,  GUNTHER,  HOOPER,  JOHN,  KOON,  LATIMER,
  MAISEL,  McENENY,  PERRY,  WEISENBERG -- read once and referred to the
  Committee on Corporations, Authorities and Commissions

AN ACT to amend the public authorities law, in relation  to  creating  a
  New  York  state  greenhouse gases management research and development
  program

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  intent.    The  legislature hereby finds and
declares that global climate change is a matter of  significant  concern
for  the  environment, economy and people of this state. The legislature
hereby establishes a research program under the auspices of the New York
state energy research and development authority by one or more universi-
ties or research entities within the state. The research  program  shall
promote new technologies and processes that will avoid, abate, mitigate,
capture or sequester carbon dioxide and other greenhouse gases.
  According to numerous scientific researchers, a warming trend of about
0.7 to 1.5 degrees Fahrenheit has occurred during the twentieth century.
The  major  greenhouse  gases  emitted by human activities remain in the
atmosphere for periods of time ranging from decades to centuries.   Many
in  the scientific community anticipate that average global temperatures
and sea levels will continue to rise throughout the twenty-first century
as a result of a continued rise in atmospheric concentrations of  green-
house gases.
  While  the build-up of all of the greenhouse gases into the atmosphere
is important to study, promoting the development of  methods  and  proc-
esses  to  mitigate  the  buildup of carbon dioxide is of great concern.
Carbon dioxide is emitted  into the atmosphere in  the  largest  amounts

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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and is directly linked to human activities such as the burning of fossil
fuels. It is, therefore, vitally important that research and development
of new methods and processes that avoid, abate, capture and/or sequester
carbon dioxide are developed.
  New  York  state  is  a  significant contributor of carbon dioxide and
other greenhouse gases, as well as an important  player  in  the  global
economy. New York state is also home to a vast number of research insti-
tutions  that  have  already  taken a leadership role and have initiated
research into global  warming  and  climate  change  issues.  Given  the
state's  contribution  to  global  climate  change  and its economic and
academic leadership role, New York state must take  an  active  role  in
fighting greenhouse gases and thus the research program is hereby estab-
lished.
  S  2.  The  public  authorities law is amended by adding a new section
1884 to read as follows:
  S 1884. NEW YORK STATE GREENHOUSE GASES MANAGEMENT RESEARCH AND DEVEL-
OPMENT PROGRAM; ESTABLISHED. 1.  ESTABLISHMENT  AND  PURPOSE.  THERE  IS
HEREBY  CREATED  WITHIN  THE  AUSPICES OF THE AUTHORITY A NEW YORK STATE
GREENHOUSE   GASES   MANAGEMENT   RESEARCH   AND   DEVELOPMENT   PROGRAM
("PROGRAM").  THE  PURPOSE  OF  THIS  PROGRAM SHALL BE TO PROVIDE GRANTS
AUTHORIZED BY THE AUTHORITY FOR RESEARCH THAT PROMOTES NEW  TECHNOLOGIES
AND PROCESSES THAT WILL AVOID, ABATE, MITIGATE, CAPTURE AND/OR SEQUESTER
CARBON  DIOXIDE AND OTHER GREENHOUSE GASES BY ONE OR MORE RESEARCH ENTI-
TIES IN NEW YORK STATE. POTENTIAL RESEARCH TOPICS SHALL INCLUDE, BUT NOT
BE LIMITED TO, THE FOLLOWING:
  A. THE FEASIBILITY AND EXAMINATION OF GEOLOGICAL, TERRESTRIAL OR OTHER
METHODS OF SEQUESTRATION OF CARBON DIOXIDE AND OTHER GREENHOUSE GASES IN
NEW YORK STATE. SUCH FEASIBILITY  STUDIES  SHALL  INCLUDE,  BUT  NOT  BE
LIMITED  TO:    THE  STATE'S  GEOLOGICAL, HYDROLOGICAL AND SEISMOLOGICAL
CONDITIONS, MONITORING, MITIGATION  AND  VERIFICATION  TECHNOLOGIES  AND
POTENTIAL ENVIRONMENTAL IMPACTS.
  B.  METHODS  AND  PROCESSES  TO  FURTHER REDUCE ENERGY CONSUMPTION AND
IMPROVE ENERGY EFFICIENCY BY COMMERCIAL,  AGRICULTURAL  AND  RESIDENTIAL
ENTITIES  WHICH  ARE LIKELY TO RESULT IN SIGNIFICANT REDUCTION OF GREEN-
HOUSE GASES.
  C. ANY OTHER TECHNOLOGIES OR PROCESSES THAT WILL AVOID,  ABATE,  MITI-
GATE,  CAPTURE,  AND/OR  SEQUESTER  CARBON  DIOXIDE AND OTHER GREENHOUSE
GASES.
  2. DEFINITIONS.  THE FOLLOWING DEFINITIONS SHALL  HAVE  THE  FOLLOWING
MEANINGS IN THIS SECTION, RESPECTIVELY: A. "GREENHOUSE GASES" SHALL MEAN
CARBON  DIOXIDE,  METHANE, NITROUS OXIDE, HYDROFLUOROCARBONS, PERFLUORO-
CARBONS AND SULPHUR HEXAFLUORIDE.
  B. "RESEARCH ENTITY" SHALL MEAN AN ORGANIZATION, INCLUDING A  NOT-FOR-
PROFIT  COLLEGE, UNIVERSITY OR OTHER INSTITUTION THAT CONDUCTS AN INTEN-
SIVE, ONGOING PROGRAM OF RESEARCH  AND  STUDY  DIRECTED  TOWARD  GREATER
KNOWLEDGE  OF  A  SCIENTIFIC SUBJECT OR TOWARD APPLYING A NEW SCIENTIFIC
KNOWLEDGE TO MEET A RECOGNIZED NEED. SUCH ENTITIES SHALL PURSUE RESEARCH
THAT PROMOTES NEW TECHNOLOGIES AND PROCESSES  THAT  WILL  AVOID,  ABATE,
MITIGATE,  CAPTURE  AND/OR SEQUESTER CARBON DIOXIDE AND OTHER GREENHOUSE
GASES.
  3. GRANT AUTHORIZATION AND APPROVAL. A. THE AUTHORITY  SHALL  USE  ANY
MONIES  MADE AVAILABLE IN THE BUDGET PURSUANT TO THIS SECTION FOR GRANTS
TO RESEARCH ENTITIES LOCATED IN NEW YORK STATE TO  PURSUE  RESEARCH  AND
DEVELOPMENT  THAT  PROMOTES  NEW  TECHNOLOGIES  AND  PROCESSES THAT WILL
AVOID, ABATE, MITIGATE, CAPTURE  AND/OR  SEQUESTER  CARBON  DIOXIDE  AND
OTHER GREENHOUSE GASES.

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  B.  THE  AUTHORITY  MAY  APPROVE  GRANTS AUTHORIZED UNDER THIS SECTION
PROVIDED INDIVIDUAL GRANTS DO NOT  EXCEED  ONE  HUNDRED  FIFTY  THOUSAND
DOLLARS PER YEAR.
  4. REPORTING REQUIREMENTS. THE AUTHORITY SHALL, ON OR BEFORE SEPTEMBER
FIRST,  TWO  THOUSAND ELEVEN AND ANNUALLY THEREAFTER, SUBMIT A REPORT TO
THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF  THE
ASSEMBLY AND THE CHAIRPERSONS OF THE SENATE FINANCE COMMITTEE AND OF THE
ASSEMBLY WAYS AND MEANS COMMITTEE, SUCH REPORTS ON THE EFFECTIVENESS AND
ACCOMPLISHMENTS OF THE PROGRAM. SUCH REPORT SHALL INCLUDE A LIST OF EACH
GRANT  AWARDED, THE NAME AND LOCATION OF THE RECIPIENT, A DESCRIPTION OF
THE RESEARCH, THE AMOUNT OF THE  GRANT,  THE  TOTAL  PROJECT  COST,  THE
POTENTIAL  IMPACT  OF  THE  RESEARCH,  AND SUCH OTHER INFORMATION AS THE
AUTHORITY SHALL DEEM APPROPRIATE.
  S 3. This act shall take effect immediately.