S T A T E   O F   N E W   Y O R K
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                                  9031

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 19, 2009
                               ___________

Introduced  by M. of A. CAHILL, SWEENEY -- read once and referred to the
  Committee on Energy

AN ACT to amend a chapter of  the  laws  of  2009  amending  the  public
  authorities  law  relating  to  establishing the "green jobs-green New
  York act of 2009"; and amending the  state  finance  law  relating  to
  establishing the green jobs-green New York fund, as proposed in legis-
  lative  bills  numbers  S.5888  and  A.8901,  and  to amend the public
  authorities law, in relation to the green jobs-green  New  York  fund;
  and to repeal certain provisions of such chapter and the state finance
  law relating thereto

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

  Section 1. Section 1 of a chapter of the laws  of  2009  amending  the
public  authorities  law  relating to establishing the "green jobs-green
New York act of 2009"; and amending the state finance  law  relating  to
establishing the green jobs-green New York fund, as proposed in legisla-
tive bills numbers S.5888 and A.8901, is amended to read as follows:
  Section  1.  Legislative  findings. The legislature finds and declares
that promoting widespread dissemination of energy conservation and clean
energy technologies represents a clear and cost-effective  strategy  for
communities  in  New  York  state  to curtail the emission of greenhouse
gases and harmful air contaminants, reducing dependence on fossil fuels,
lowering housing costs, supporting community  development  and  creating
green  jobs  to sustain and enhance our economy. These jobs will provide
meaningful employment opportunities for displaced workers, the long-term
unemployed and new workforce entrants. Installation of energy efficiency
improvements to reduce the loss or waste of energy will allow  consumers
to  pay  for these improvements through energy savings over a reasonable
period of time. However, lack of affordable and accessible financing for
many owners of residential properties, small businesses  and  non-profit
organizations  has  hindered  progress in fully realizing the promise of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14482-02-9
              

A. 9031                             2

these technologies. Therefore, it is the intent of  the  legislature  to
enact  a "Green Jobs-Green New York" program to perform energy-efficient
retrofits at no initial cost to residential property  owners,  with  the
ultimate  goals of improving at least one million residential units over
the next five years, creating thousands  of  new  green  jobs,  training
workers  to  fill them and demonstrating the effectiveness of innovative
financing mechanisms in reaching this goal.
  IT IS THE INTENT OF THE LEGISLATURE THAT A  PORTION  OF  THE  PROCEEDS
COLLECTED BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORI-
TY  FROM  THE  AUCTION  OR  SALE OF EMISSION ALLOWANCES ALLOCATED BY THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO THE  AUTHORITY  BE  USED  TO
HELP FULFILL THESE GOALS.
  S  2.  Sections  4 and 5 of a chapter of the laws of 2009 amending the
public authorities law relating to establishing  the  "green  jobs-green
New  York  act  of 2009"; and amending the state finance law relating to
establishing the green jobs-green New York fund, as proposed in legisla-
tive bills numbers  S.5888  and  A.8901,  are  REPEALED  and  three  new
sections 4, 5 and 6 are added to read as follows:
  S 4. SECTION 1854 OF THE PUBLIC AUTHORITIES LAW IS AMENDED BY ADDING A
NEW SUBDIVISION 18 TO READ AS FOLLOWS:
  18.  TO  PROVIDE  FOR  THE DEPOSIT OF ALL OR A PORTION OF THE PROCEEDS
COLLECTED BY THE AUTHORITY FROM THE AUCTION OR SALE OF  EMISSION  ALLOW-
ANCES  ALLOCATED  BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO THE
AUTHORITY PURSUANT TO REGULATIONS ADOPTED BY THE DEPARTMENT OF  ENVIRON-
MENTAL  CONSERVATION  TO  A  GREEN JOBS-GREEN NEW YORK FUND TO BE ESTAB-
LISHED IN THE CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE.   THE
MONIES IN SUCH FUND SHALL BE AVAILABLE FOR THE GREEN JOBS-GREEN NEW YORK
PROGRAM PURSUANT TO TITLE NINE-A OF ARTICLE EIGHT OF THIS CHAPTER.
  S  5.  THE  NEW  YORK  STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY
SHALL DEPOSIT ONE HUNDRED TWELVE MILLION DOLLARS ($112,000,000)  OF  THE
PROCEEDS COLLECTED FROM THE AUCTION OR SALE OF CARBON DIOXIDE ALLOWANCES
THAT  ARE  ALLOCATED  BY  THE  DEPARTMENT  OF ENVIRONMENTAL CONSERVATION
PURSUANT TO REGULATIONS  ADOPTED  BY  THE  DEPARTMENT  OF  ENVIRONMENTAL
CONSERVATION  TO THE GREEN JOBS-GREEN NEW YORK FUND ESTABLISHED PURSUANT
TO SECTION EIGHTEEN HUNDRED FIFTY-FOUR OF THE PUBLIC AUTHORITIES LAW.
  S 6.  SEVERABILITY. THE PROVISIONS OF THIS ACT SHALL BE SEVERABLE  AND
IF  ANY PHRASE, CLAUSE, SENTENCE OR PROVISION OF THIS ACT, OR THE APPLI-
CABILITY THEREOF TO ANY PERSON OR CIRCUMSTANCE SHALL  BE  HELD  INVALID,
THE  REMAINDER  OF  THIS  ACT  AND  THE APPLICATION THEREOF SHALL NOT BE
AFFECTED THEREBY.
  S 3. Section 6 of a chapter of the laws of 2009  amending  the  public
authorities  law relating to establishing the "green jobs-green New York
act of 2009"; and amending the state finance law relating to  establish-
ing the green jobs-green New York fund, as proposed in legislative bills
numbers S.5888 and A.8901, is renumbered section 7.
  S  4.  This  act  shall  take  effect on the same date and in the same
manner as a chapter of the laws of 2009 amending the public  authorities
law  relating  to  establishing  the  "green  jobs-green New York act of
2009"; and amending the state finance law relating to  establishing  the
green jobs-green New York fund, as proposed in legislative bills numbers
S.5888 and A.8901, takes effect.