NY State Senate Bill 2009-S2347

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to environmental conservation
Feb 18, 2009	referred to environmental conservation

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2009-S2347 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 19 Title 13 §§19-1301 - 19-1313, amd §19-0301, En Con L; add §92-t, St Fin L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S896
2013-2014: S4029
2015-2016: S2781

2009-S2347 (ACTIVE) - Summary

Enacts the climate change solutions program act; relates to greenhouse gas emissions reduction programs and energy efficiency programs; establishes powers and duties of the commissioner of environmental conservation with respect to the climate change solutions program; establishes the climate change solutions fund.

2009-S2347 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2347

 TITLE OF BILL :
An act to amend the environmental conservation law, in relation to
establishing the climate change solutions program act; and to amend
the state finance law, in relation to establishing the climate change
solutions fund


 PURPOSE :
This bill would create the Climate Change Solutions Fund with the
State Finance Law, receiving any funds raised from the auction of
emissions allowances, specifically those associated with the Regional
Greenhouse Gas Initiative (RGGI), primarily for the purposes of
supporting energy efficiency programs, as well as programs that
encourage the development of clean, renewable sources of energy, and
programs to advance the state's other air quality Goals.

 SUMMARY OF PROVISIONS :
This bill would amend Article 19 of the Environmental Conservation Law
by adding a new Title 13 to create the Climate Change Solutions
Program Act, which would:

* Provide for detailed programmatic and financial reporting
requirements on the use of funds received from the auction of
emissions allowances;

* Establish a Greenhouse Gas Emissions Reduction Program within the
Department of Environmental Conservation (DEC) that would make state
assistance payments available, on a competitive basis, to
municipalities and not-for-profit corporations to install cogeneration
systems, purchase clean-fueled vehicles or retrofit existing vehicle
fleets to become clean-fueled vehicles, and retrofit existing furnaces
and boilers with high efficiency systems that meet certain
specifications;

* Establish a statutory Energy Efficiency Program within the New York
State Energy Research and Development Authority (NYSERDA) that would
make financial assistance available, on a competitive basis, to any
electric utility customer to undertake electric energy efficiency
projects, provided that priority would be given to projects that
result in the highest electricity savings or are conducted in lower
income communities;

* Establish a statutory Renewable Energy Development Program within
NYSERDA that would make financial assistance available, on a
competitive basis, to any electric utility customer to install or
operate technologies that convert energy sources such as solar, wind
or tidal energy into electricity;

* Establish a Clean Air Technology Program within NYSERDA that would
make state assistance payments available, on a competitive basis, to
municipalities to retrofit vehicles with best available emission
control devices;

* Establish the Climate Change Solutions Fund in the state finance law
and the following accounts within the Fund: a climate change transfer
account; a greenhouse gas emission reduction account; an energy
efficiency account; a renewable enemy development account; and a clean
air account;

* Authorize monies in the fund to be spent pursuant to a program
established by a new title II of article 19 of the environmental
conservation law.  Revenues raised from the auction of any emissions
allowances by the Commissioner of the Department of Environmental

Conservation (DEC) would be deposited into the Climate Change
Solutions Fund;

 JUSTIFICATION :
Global climate change threatens the environment, natural resources and
economy of New York State. In an effort to reduce its contribution to
global warming, the state has led the way in developing RGGI, a nine
state cap and trade program to stabilize and reduce carbon dioxide
emissions from electric generating facilities. In New York, one
hundred percent of its carbon dioxide emissions allowance budget will
be auctioned for consumer benefit.

This bill establishes a special revenue fund within the state finance
law to receive the proceeds of the auction and dedicates the funds for
specific environmental purposes established in a new title 11 of the
environmental conservation law.

Proceeds from these auctions should primarily be invested in energy
efficiency initiatives, as well as programs that increase the state's
investment in clean renewable sources of energy and programs that help
meet the state's other air quality goals.  Increased investment in
energy efficiency will result in decreased local and statewide
electricity demand and protect New Yorkers from the harmful effects of
air pollution created by fossil fuel-fired power plants. These harmful
effects include asthma attacks and premature deaths in seniors,
increased levels of mercury contamination, destruction of our forest
ecosystems by acid rain, as well as wide ranging negative effects
associated with climate change.  In addition, investment in energy
efficiency will drive down the cost of implementing the RGGI and its
impacts on consumer energy bills.

Estimates provided for the states implementing RGGI show that doubling
energy efficiency spending would reduce annual household bills in the
region by $66 in 2015 and by $109 in 2021. Dedicating these funds for
the purposes outlined in this bill will ensure that New Yorkers
realize the maximum public benefit from RGGI.

 LEGISLATIVE HISTORYOFF:
                    ____
2008 - REFERRED TO ENVIRONMENTAL CONSERVATION (S.6309)
2007 - REFERRED TO RULES (S.6309)

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S2347 (ACTIVE) - Bill Text download pdf

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

                                  2347

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 18, 2009
                               ___________

Introduced  by Sens. SCHNEIDERMAN, DIAZ, DUANE, KRUEGER, SERRANO, THOMP-
  SON -- read twice and ordered printed, and when printed to be  commit-
  ted to the Committee on Environmental Conservation

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  establishing the climate change solutions program act;  and  to  amend
  the  state finance law, in relation to establishing the climate change
  solutions fund

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

  Section  1.    Article  19  of  the  environmental conservation law is
amended by adding a new title 13 to read as follows:
                                TITLE 13
                  CLIMATE CHANGE SOLUTIONS PROGRAM ACT
SECTION 19-1301. SHORT TITLE.
        19-1303. DEFINITIONS.
        19-1305. POWERS AND DUTIES OF THE COMMISSIONER.
        19-1307. GREENHOUSE GAS EMISSIONS REDUCTION PROGRAM.
        19-1309. ENERGY EFFICIENCY PROGRAM.
        19-1311. RENEWABLE ENERGY DEVELOPMENT PROGRAM.
        19-1313. CLEAN AIR TECHNOLOGY PROGRAM.
S 19-1301. SHORT TITLE.
  THIS TITLE SHALL BE KNOWN AND MAY  BE  CITED  AS  THE  CLIMATE  CHANGE
SOLUTIONS PROGRAM ACT.
S 19-1303. DEFINITIONS.
  AS USED IN THIS TITLE:
  1.  "AUTHORITY"  SHALL  MEAN THE STATE ENERGY RESEARCH AND DEVELOPMENT
AUTHORITY, CONTINUED BY SECTION EIGHTEEN HUNDRED FIFTY-TWO OF THE PUBLIC
AUTHORITIES LAW.
  2.  "MUNICIPALITY"  MEANS  A  COUNTY,  CITY,  TOWN,  VILLAGE,   SCHOOL
DISTRICT,  OR  INDIAN TRIBE OR NATION RESIDING WITHIN NEW YORK STATE, OR
ANY COMBINATION THEREOF.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02835-01-9

S. 2347                             2

  3. "NOT-FOR-PROFIT CORPORATION" MEANS A CORPORATION FORMED PURSUANT TO
THE NOT-FOR-PROFIT CORPORATION LAW AND QUALIFIED FOR  TAX-EXEMPT  STATUS
UNDER THE FEDERAL INTERNAL REVENUE CODE.
  4. "STATE ASSISTANCE PAYMENT" MEANS PAYMENT OF MONIES BY THE STATE FOR
PROJECTS  AUTHORIZED  BY  THE  CLIMATE CHANGE SOLUTIONS FUND PURSUANT TO
SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
S 19-1305. POWERS AND DUTIES OF THE COMMISSIONER.
  IN ADMINISTERING THE PROVISIONS OF THIS TITLE, THE COMMISSIONER:
  1.  SHALL  MAKE  AN  ITEMIZED  ESTIMATE  OF  FUNDS  OR  APPROPRIATIONS
REQUESTED ANNUALLY FOR INCLUSION IN THE EXECUTIVE BUDGET;
  2.  MAY,  IN  THE  NAME  OF THE STATE, AS FURTHER PROVIDED WITHIN THIS
TITLE, CONTRACT TO MAKE, WITHIN THE LIMITATIONS OF APPROPRIATIONS AVAIL-
ABLE THEREFOR, STATE ASSISTANCE PAYMENTS TO MUNICIPALITIES AND  NOT-FOR-
PROFIT  CORPORATIONS  TOWARD THE COST OF ELIGIBLE ACTIVITIES PURSUANT TO
THIS TITLE. SUCH CONTRACTS SHALL BE SUBJECT TO  APPROVAL  BY  THE  STATE
COMPTROLLER AND, AS TO FORM, BY THE ATTORNEY GENERAL;
  3.  SHALL  APPROVE  VOUCHERS  FOR  THE  PAYMENTS  PURSUANT TO APPROVED
CONTRACTS. ALL SUCH PAYMENTS SHALL BE PAID ON THE AUDIT AND  WARRANT  OF
THE STATE COMPTROLLER;
  4.  NO LATER THAN THIRTY DAYS AFTER THE END OF EACH CALENDAR YEAR, THE
COMMISSIONER SHALL REPORT TO THE GOVERNOR, THE  TEMPORARY  PRESIDENT  OF
THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE SENATE FINANCE
COMMITTEE  AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE ON THE
IMPLEMENTATION OF THE CLIMATE CHANGE SOLUTIONS PROGRAM  AND  SHALL  MAKE
SUCH  REPORT  AVAILABLE  ON THE DEPARTMENT'S WEBSITE. THE DEPARTMENT MAY
CONSULT OTHER STATE DEPARTMENTS, AGENCIES  AND  PUBLIC  AUTHORITIES  FOR
INFORMATION  AS  MAY  BE  REQUIRED IN THE PREPARATION OF SUCH REPORT AND
SUCH STATE DEPARTMENTS AND AGENCIES AND AUTHORITIES SHALL  PROVIDE  DATA
AND ASSISTANCE AS APPROPRIATE. SUCH REPORT SHALL INCLUDE:
  A.  AN  ASSESSMENT  OF THE EFFECTIVENESS OF THE PROGRAM, INCLUDING THE
ESTIMATED  GREENHOUSE  GAS  REDUCTION  RESULTING  FROM  THE   ACTIVITIES
DESCRIBED  IN  THIS TITLE, THE ESTIMATED IMPACT ON CONSUMER ELECTRIC AND
HEATING BILLS, AND THE PROGRAM'S OVERALL IMPACT ON ENERGY DEMAND;
  B. A DETAILED LISTING OF FUND RECEIPTS INCLUDING:
  (I) ALLOWANCE TRADING PRICES,
  (II) TOTAL QUARTERLY RECEIPTS,
  (III) TOTAL ANNUAL RECEIPTS, AND
  (IV) TOTAL LIFE-TO-DATE RECEIPTS;
  C. A DETAILED DESCRIPTION OF EXPENDITURES INCLUDING:
  (I) TOTAL APPROPRIATIONS,
  (II) TOTAL PROJECT COSTS,
  (III) TOTAL COMMITMENTS,
  (IV) TOTAL OUTSTANDING ENCUMBRANCES,
  (V) TOTAL YEAR-TO-DATE DISBURSEMENTS,
  (VI) TOTAL LIFE-TO-DATE DISBURSEMENTS, AND
  (VII) THE TOTAL REMAINING UNCOMMITTED FUND BALANCE; AND
  5. MAY PERFORM SUCH OTHER AND FURTHER ACTS AS MAY BE NECESSARY, PROPER
OR DESIRABLE TO CARRY OUT THE PROVISIONS OF THIS TITLE.
S 19-1307. GREENHOUSE GAS EMISSIONS REDUCTION PROGRAM.
  1. AS USED IN THIS SECTION:
  A. "CLEAN-FUELED VEHICLE" SHALL MEAN ANY MOTOR VEHICLE AS  DEFINED  IN
SECTION  ONE  HUNDRED  TWENTY-FIVE  OF THE VEHICLE AND TRAFFIC LAW, THAT
USES ELECTRICITY,  INCLUDING  ELECTRICITY  EITHER  STORED  OR  GENERATED
ON-BOARD, AS ITS PRIMARY MOTIVE FORCE, OR THAT IS FUELED BY NATURAL GAS,
PROPANE, OR HYDROGEN.

S. 2347                             3

  B.  "COSTS"  MEAN  THE  CAPITAL  COST  OF  A  GREENHOUSE GAS EMISSIONS
REDUCTION PROJECT INCLUDING BUT NOT LIMITED TO ENGINEERING AND ARCHITEC-
TURAL SERVICES, SURVEYS, PLANS AND SPECIFICATIONS; CONSULTANT AND  LEGAL
SERVICES.
  C.  "GREENHOUSE GAS EMISSION REDUCTION PROJECTS" MEAN THE PURCHASE AND
INSTALLATION OF GREENHOUSE GAS EMISSION REDUCTION TECHNOLOGIES.
  D. "GREENHOUSE GAS EMISSION REDUCTION TECHNOLOGIES" SHALL INCLUDE  BUT
NOT BE LIMITED TO:
  (I) COGENERATION TECHNOLOGIES, WHICH SHALL MEAN ANY ONE OF THE SEVERAL
TECHNOLOGIES WHEREIN WASTE HEAT FROM ON-SITE ELECTRIC GENERATION PROCESS
IS  RECOVERED  TO PROVIDE STEAM OR HOT WATER TO MEET ON-SITE NEEDS, SUCH
AS HEATING AND/OR AIR CONDITIONING  AND  WHICH  ATTAINS  OVERALL  SYSTEM
EFFICIENCY  AS  ESTABLISHED  BY THE DEPARTMENT, CONSIDERING BOTH THERMAL
AND ELECTRICAL PROCESSES TOGETHER;
  (II) FURNACE AND BOILER REPLACEMENTS AND RETROFITS, PROVIDED THAT  NEW
OR  RETROFITTED  FURNACES  AND  BOILERS SHALL NOT AT ANY TIME OPERATE ON
DIESEL FUEL WITH A SULFUR CONTENT GREATER THAN 0.05 PERCENT BY WEIGHT;
  (III) THE PURCHASE OF CLEAN  FUELED  VEHICLES  OR  THE  CONVERSION  OF
EXISTING VEHICLES TO CLEAN FUELED VEHICLES; AND
  (IV)  OTHER  MEASURES  THAT  WILL  REDUCE  THE  DEMAND  FOR AND/OR THE
CONSUMPTION OF ENERGY, INCLUDING FUELS, AS DETERMINED BY THE  DEPARTMENT
IN CONSULTATION WITH THE AUTHORITY.
  2.  THE DEPARTMENT IS AUTHORIZED, WITHIN AMOUNTS APPROPRIATED, TO MAKE
STATE ASSISTANCE PAYMENTS ON A COMPETITIVE BASIS FOR APPROVED GREENHOUSE
GAS EMISSIONS REDUCTION PROJECTS TO  MUNICIPALITIES  AND  NOT-FOR-PROFIT
CORPORATIONS.
  3. ANY MUNICIPALITY OR NOT-FOR-PROFIT CORPORATION UPON APPROVAL OF ITS
GOVERNING  BODY MAY SUBMIT AN APPLICATION TO THE DEPARTMENT IN SUCH FORM
CONTAINING SUCH INFORMATION AS THE  DEPARTMENT  MAY  REQUIRE  FOR  STATE
ASSISTANCE  PAYMENTS  FOR THE COSTS OF GREENHOUSE GAS EMISSION REDUCTION
PROJECTS.
  4. TO THE FULLEST EXTENT PRACTICABLE, IT IS THE POLICY OF THE STATE TO
PROMOTE AN EQUITABLE REGIONAL DISTRIBUTION OF GREENHOUSE  GAS  REDUCTION
PROJECTS,  PROVIDED THAT PRIORITY SHALL BE GIVEN TO PROJECTS THAT RESULT
IN THE HIGHEST GREENHOUSE GAS EMISSION REDUCTIONS.
  5. STATE ASSISTANCE PAYMENTS SHALL NOT EXCEED SEVENTY-FIVE PERCENT  OF
THE COSTS OF THE PROJECT, PROVIDED THAT FOR THE PURPOSES OF THIS SECTION
ANY  OTHER MONIES OF THE AUTHORITY OR THE DEPARTMENT MAY NOT BE USED FOR
THE LOCAL SHARE. SUCH COSTS ARE SUBJECT  TO  FINAL  COMPUTATION  BY  THE
COMMISSIONER  UPON  COMPLETION  OF  THE PROJECT AND SHALL NOT EXCEED THE
MAXIMUM ELIGIBLE COST SET FORTH IN THE CONTRACT.
  6. THE DEPARTMENT SHALL REVIEW  SUCH  APPLICATIONS  AND  MAY  APPROVE,
DISAPPROVE OR RECOMMEND MODIFICATIONS THERETO CONSISTENT WITH APPLICABLE
LAW.
S 19-1309. ENERGY EFFICIENCY PROGRAM.
  1. AS USED IN THIS SECTION:
  A.  "COST" SHALL MEAN THE CAPITAL COST OF AN ENERGY EFFICIENCY PROJECT
INCLUDING BUT NOT LIMITED TO  ENGINEERING  AND  ARCHITECTURAL  SERVICES,
PLANS AND SPECIFICATIONS, CONSULTANT AND LEGAL SERVICES.
  B.  "ENERGY EFFICIENCY PROJECTS" SHALL MEAN THE PURCHASE AND INSTALLA-
TION OF ENERGY EFFICIENCY TECHNOLOGIES THAT WILL REDUCE THE  CONSUMPTION
OF ELECTRICITY AT NEW OR EXISTING BUILDINGS.
  C.  "ENERGY  EFFICIENCY  TECHNOLOGIES"  SHALL  MEAN  TECHNOLOGIES THAT
REDUCE THE CONSUMPTION OF ELECTRICITY INCLUDING BUT NOT LIMITED TO:
  (I) REPLACEMENT OF INEFFICIENT LIGHTING FIXTURES;

S. 2347                             4

  (II) APPLIANCES AND EQUIPMENT THAT MEET ENERGY EFFICIENCY  PERFORMANCE
STANDARDS  AS  IDENTIFIED IN CHAPTER FOUR HUNDRED THIRTY-ONE OF THE LAWS
OF TWO THOUSAND FIVE; AND
  (III)  OTHER  SUCH MEASURES THAT WILL REDUCE THE DEMAND FOR AND/OR THE
CONSUMPTION OF ELECTRICITY AS DETERMINED BY THE AUTHORITY.
  D. "FINANCIAL ASSISTANCE"  MEANS  STATE  ASSISTANCE  PAYMENTS,  LOANS,
INTEREST  SUBSIDIES, ZERO PERCENT INTEREST LOANS, AND/OR ENERGY PERFORM-
ANCE CONTRACTS, AS DEFINED IN SUBDIVISION FOUR OF SECTION 9-102  OF  THE
ENERGY LAW.
  2.  THE  AUTHORITY  IN  CONSULTATION WITH THE DEPARTMENT IS AUTHORIZED
WITHIN AMOUNTS  APPROPRIATED,  TO  PROVIDE  FINANCIAL  ASSISTANCE  ON  A
COMPETITIVE BASIS FOR APPROVED ENERGY EFFICIENCY PROJECTS.
  3. ANY NEW YORK ELECTRIC UTILITY CUSTOMER MAY SUBMIT AN APPLICATION TO
THE  AUTHORITY  FOR  THE COST OF ENERGY EFFICIENCY PROJECTS IN SUCH FORM
CONTAINING SUCH INFORMATION AS THE AUTHORITY MAY REQUIRE.
  4. PRIORITY SHALL BE GIVEN TO PROJECTS THAT:
  A. ESTIMATE THE HIGHEST AMOUNT OF ENERGY SAVINGS AS MEASURED AGAINST A
THREE YEAR BASELINE; OR
  B. ARE CONDUCTED IN (I) AREAS WITH CENSUS TRACTS AND  BLOCK  NUMBERING
AREAS  WHICH,  AS  OF  THE TWO THOUSAND CENSUS HAVE A POVERTY RATE OF AT
LEAST TWENTY PERCENT FOR THE YEAR TO WHICH THE DATA RELATE OR (II) AREAS
WITH AN UNEMPLOYMENT RATE OF AT LEAST  ONE  AND  ONE-QUARTER  TIMES  THE
STATEWIDE UNEMPLOYMENT RATE FOR THE YEAR TO WHICH THE DATA RELATE.
  THE  AUTHORITY SHALL ESTABLISH ADDITIONAL INCOME AND OTHER ELIGIBILITY
CRITERIA TO PROMOTE  AN  EQUITABLE  DISTRIBUTION  OF  ENERGY  EFFICIENCY
PROJECTS  THROUGHOUT  THE STATE. SUCH CRITERIA SHALL SEEK TO ENSURE THAT
PROJECTS ARE CONDUCTED IN LOW-INCOME COMMUNITIES  THROUGHOUT  THE  STATE
AND  THAT  LOW  AND MIDDLE CLASS RESIDENTIAL CUSTOMERS RECEIVE ACCESS TO
SUCH PROJECT FUNDING.
  5. STATE ASSISTANCE PAYMENTS SHALL NOT EXCEED SEVENTY-FIVE PERCENT  OF
THE COSTS OF THE PROJECT, PROVIDED THAT FOR THE PURPOSES OF THIS SECTION
ANY  OTHER MONIES OF THE AUTHORITY OR THE DEPARTMENT MAY NOT BE USED FOR
THE LOCAL SHARE. OTHER FINANCIAL  ASSISTANCE  SHALL  NOT  EXCEED  LIMITS
ESTABLISHED  IN  RULES  AND  REGULATIONS  DEVELOPED BY THE AUTHORITY AND
SUBJECT TO THE APPROVAL OF THE DEPARTMENT.
  6. PRIOR TO PROCESSING APPLICATIONS FOR  FINANCIAL  ASSISTANCE  TOWARD
THE  COST  OF ENERGY EFFICIENCY PROJECTS, THE PRESIDENT OF THE AUTHORITY
SHALL PROMULGATE, IN CONSULTATION WITH THE COMMISSIONER, RULES AND REGU-
LATIONS WHICH SHALL INCLUDE CRITERIA FOR DETERMINING  ELIGIBLE  EXPENDI-
TURES  AND  PROCEDURES  FOR GOVERNING THE COMMITMENT AND DISBURSEMENT OF
FINANCIAL ASSISTANCE IN ACCORDANCE WITH THIS SECTION.
  7. SUCH COSTS ARE SUBJECT TO FINAL COMPUTATION BY THE PRESIDENT OF THE
AUTHORITY UPON COMPLETION OF THE PROJECT AND SHALL NOT EXCEED THE  MAXI-
MUM ELIGIBLE COST SET FORTH IN THE CONTRACT.
  8.  THE  AUTHORITY  SHALL  REVIEW  SUCH  APPLICATIONS AND MAY APPROVE,
DISAPPROVE OR RECOMMEND MODIFICATIONS THERETO CONSISTENT WITH APPLICABLE
LAW.
S 19-1311. RENEWABLE ENERGY DEVELOPMENT PROGRAM.
  1. AS USED IN THIS SECTION:
  A. "COST" SHALL MEAN THE CAPITAL COST OF A RENEWABLE  ENERGY  DEVELOP-
MENT  PROJECT INCLUDING BUT NOT LIMITED TO ENGINEERING AND ARCHITECTURAL
SERVICES,  SURVEYS,  PLANS  AND  SPECIFICATIONS;  CONSULTANT  AND  LEGAL
SERVICES.
  B.  "FINANCIAL ASSISTANCE" SHALL MEAN STATE ASSISTANCE PAYMENTS AND/OR
PERFORMANCE BASED INCENTIVES THAT ARE  DIRECTLY  PROPORTIONAL  TO  REAL,

S. 2347                             5

VERIFIED  KWH PRODUCTION GENERATED BY THE RENEWABLE ELECTRIC POWER TECH-
NOLOGY.
  C.  "RENEWABLE  ENERGY  DEVELOPMENT  PROJECTS"  MEAN  THE PURCHASE AND
INSTALLATION OF TECHNOLOGIES DESIGNED TO CONVERT RENEWABLE  ENERGY  INTO
ELECTRICITY  OR  OTHER  END USES, WHERE RENEWABLE ENERGY INCLUDES SOLAR,
WIND, TIDAL, FUEL CELL, GEOTHERMAL AND HYDROGEN, BUT  DOES  NOT  INCLUDE
COMBUSTION  OR PYROLOSIS OF SOLID WASTE AS DEFINED IN SECTION 27-0701 OF
THIS CHAPTER OR ELECTRICITY GENERATED FROM NUCLEAR POWER PLANTS.
  2. THE AUTHORITY IN CONSULTATION WITH THE  DEPARTMENT  IS  AUTHORIZED,
WITHIN  AMOUNTS  APPROPRIATED,  TO  PROVIDE  FINANCIAL  ASSISTANCE  ON A
COMPETITIVE BASIS FOR APPROVED RENEWABLE ENERGY DEVELOPMENT PROJECTS.
  3. ANY NEW YORK ELECTRIC UTILITY CUSTOMER MAY SUBMIT AN APPLICATION TO
THE AUTHORITY FOR THE COST OF RENEWABLE ENERGY DEVELOPMENT  PROJECTS  OR
PERFORMANCE BASED INCENTIVES IN SUCH FORM CONTAINING SUCH INFORMATION AS
THE AUTHORITY MAY REQUIRE.
  4.  STATE  ASSISTANCE  PAYMENTS SHALL NOT EXCEED NINETY PERCENT OF THE
COSTS OF THE PROJECT, PROVIDED THAT FOR THE PURPOSES OF THIS SECTION ANY
OTHER MONIES OF THE AUTHORITY OR THE DEPARTMENT MAY NOT BE USED FOR  THE
LOCAL  SHARE.  OTHER FINANCIAL ASSISTANCE SHALL NOT EXCEED LIMITS ESTAB-
LISHED IN RULES AND REGULATIONS DEVELOPED BY THE AUTHORITY  AND  SUBJECT
TO THE APPROVAL OF THE DEPARTMENT.
  5. SUCH COSTS ARE SUBJECT TO FINAL COMPUTATION BY THE PRESIDENT OF THE
AUTHORITY  UPON COMPLETION OF THE PROJECT AND SHALL NOT EXCEED THE MAXI-
MUM ELIGIBLE COST SET FORTH IN THE CONTRACT.
  6. THE AUTHORITY SHALL  REVIEW  SUCH  APPLICATIONS  AND  MAY  APPROVE,
DISAPPROVE OR RECOMMEND MODIFICATIONS THERETO CONSISTENT WITH APPLICABLE
LAW.
S 19-1313. CLEAN AIR TECHNOLOGY PROGRAM.
  1. AS USED IN THIS SECTION:
  A.  "BEST AVAILABLE CONTROL TECHNOLOGIES" SHALL MEAN A VERIFIED DIESEL
EMISSION CONTROL DEVICE THAT ACHIEVES A PARTICULATE MATTER (PM) EMISSION
REDUCTION OF EIGHTY-FIVE PERCENT OR MORE FROM UNCONTROLLED ENGINE  EMIS-
SION  LEVELS,  OR  THAT  REDUCES EMISSIONS TO LESS THAN OR EQUAL TO 0.01
GRAMS OF PM PER  BRAKE  HORSEPOWER-HOUR.  BEST  AVAILABLE  CONTROL  ALSO
INCLUDES  REPOWERING  OR  REPLACING  THE  EXISTING DIESEL ENGINE WITH AN
ENGINE MEETING USEPA'S 2007 HEAVY-DUTY HIGHWAY DIESEL STANDARDS,  OR  IN
THE  CASE  OF  A  NON-ROAD  ENGINE, AN ENGINE MEETING THE USEPA'S TIER 4
NON-ROAD DIESEL STANDARDS; BEST  AVAILABLE  CONTROL  ALSO  INCLUDES  NEW
DIESEL ENGINES MEETING SAID EMISSIONS STANDARDS.
  B. "CARB" MEANS THE CALIFORNIA AIR RESOURCES BOARD.
  C. "CLEAN AIR TECHNOLOGY PROJECTS" SHALL MEAN PROJECTS TO PURCHASE AND
INSTALL BEST AVAILABLE CONTROL TECHNOLOGIES, PROVIDED THAT THE AUTHORITY
SHALL  ALSO  REQUIRE  THE APPLICANT TO INSTALL A CLOSED CRANKCASE VENTI-
LATION SYSTEM ON ALL ENGINES.
  D. "CLOSED CRANKCASE VENTILATION SYSTEM" OR "CCV" SHALL MEAN EQUIPMENT
THAT COMPLETELY CLOSES THE CRANKCASE OF A DIESEL ENGINE  TO  THE  ATMOS-
PHERE  AND ROUTES THE CRANKCASE VAPOR TO THE ENGINE INTAKE AIR SYSTEM OR
THE EXHAUST SYSTEM.
  E. "USEPA" MEANS THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.
  F. "VERIFIED DIESEL EMISSION CONTROL DEVICE" MEANS AN EMISSION CONTROL
DEVICE OR STRATEGY THAT HAS BEEN VERIFIED TO ACHIEVE A SPECIFIED  DIESEL
PM  REDUCTION  BY  USEPA  OR  CARB; OR REPLACEMENT OR REPOWERING WITH AN
ENGINE THAT IS CERTIFIED TO SPECIFIC PM EMISSIONS PERFORMANCE  BY  USEPA
OR CARB.

S. 2347                             6

  2.  THE  AUTHORITY  IN CONSULTATION WITH THE DEPARTMENT IS AUTHORIZED,
WITHIN AMOUNTS APPROPRIATED, TO MAKE  STATE  ASSISTANCE  PAYMENTS  ON  A
COMPETITIVE BASIS TO APPROVED CLEAN AIR TECHNOLOGY PROJECTS.
  3.  ANY MUNICIPALITY UPON APPROVAL OF ITS GOVERNING BODY MAY SUBMIT AN
APPLICATION TO THE DEPARTMENT IN SUCH FORM CONTAINING  SUCH  INFORMATION
AS  THE  DEPARTMENT  MAY  REQUIRE  FOR STATE ASSISTANCE PAYMENTS FOR THE
COSTS OF CLEAN AIR TECHNOLOGY PROJECTS.
  4. STATE ASSISTANCE PAYMENTS SHALL NOT EXCEED NINETY  PERCENT  OF  THE
COSTS OF THE PROJECT, PROVIDED THAT FOR THE PURPOSES OF THIS SECTION ANY
OTHER MONIES OF THE AUTHORITY MAY NOT BE USED FOR THE LOCAL SHARE.
  5. SUCH COSTS ARE SUBJECT TO FINAL COMPUTATION BY THE PRESIDENT OF THE
AUTHORITY  UPON COMPLETION OF THE PROJECT AND SHALL NOT EXCEED THE MAXI-
MUM ELIGIBLE COST SET FORTH IN THE CONTRACT.
  6. THE AUTHORITY SHALL  REVIEW  SUCH  APPLICATIONS  AND  MAY  APPROVE,
DISAPPROVE OR RECOMMEND MODIFICATIONS THERETO CONSISTENT WITH APPLICABLE
LAW.
  S  2.  Subdivision 1 of section 19-0301 of the environmental conserva-
tion law is amended by adding a new paragraph g to read as follows:
  G. PROVIDE FOR THE DEPOSIT OF REVENUES FROM THE AUCTION OF  ANY  EMIS-
SIONS  ALLOWANCES  FOR  AIR CONTAMINANTS TO THE CLIMATE CHANGE SOLUTIONS
FUND ESTABLISHED BY SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
  S 3. The state finance law is amended by adding a new section 92-t  to
read as follows:
  S  92-T. CLIMATE CHANGE SOLUTIONS FUND. 1. THERE IS HEREBY ESTABLISHED
IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND  THE  COMMISSIONER  OF
TAXATION  AND  FINANCE A SPECIAL FUND TO BE KNOWN AS THE "CLIMATE CHANGE
SOLUTIONS FUND".
  2. THE CLIMATE CHANGE SOLUTIONS FUND SHALL  CONSIST  OF  THE  PROCEEDS
COLLECTED  FROM  THE AUCTION OF ANY EMISSIONS ALLOWANCES FOR AIR CONTAM-
INANTS AS PROVIDED FOR DEPOSIT INTO SUCH FUND UNDER SECTION  19-0301  OF
THE  ENVIRONMENTAL  CONSERVATION  LAW AND ANY INTEREST GENERATED BY SUCH
FUND AND ANY OTHER MONIES MADE AVAILABLE FOR SUCH PURPOSES.
  3. ALL MONIES RECEIVED BY THE COMPTROLLER FOR DEPOSIT IN  THE  CLIMATE
CHANGE  SOLUTIONS  FUND  SHALL  BE  DEPOSITED FIRST TO THE CREDIT OF THE
CLIMATE CHANGE TRANSFER ACCOUNT. NO MONIES SHALL BE  EXPENDED  FROM  ANY
SUCH  ACCOUNT  FOR  ANY  PROJECT EXCEPT PURSUANT TO APPROPRIATION BY THE
LEGISLATURE.
  A. ALL MONEYS HERETOFORE AND HEREAFTER DEPOSITED IN THE CLIMATE CHANGE
TRANSFER ACCOUNT SHALL BE TRANSFERRED BY THE COMPTROLLER TO  THE  ENERGY
EFFICIENCY ACCOUNT, THE RENEWABLE ENERGY DEVELOPMENT ACCOUNT, THE GREEN-
HOUSE GAS EMISSION REDUCTION ACCOUNT OR THE CLEAN AIR ACCOUNT.
  B.  MONEYS FROM THE GREENHOUSE GAS EMISSION REDUCTION ACCOUNT SHALL BE
AVAILABLE, PURSUANT TO APPROPRIATION, FOR ANY  GREENHOUSE  GAS  EMISSION
REDUCTION  PROJECT,  AS  DEFINED IN SECTION 19-1307 OF THE ENVIRONMENTAL
CONSERVATION LAW.
  C. MONEYS FROM THE  ENERGY  EFFICIENCY  ACCOUNT  SHALL  BE  AVAILABLE,
PURSUANT  TO  APPROPRIATION FOR ANY ENERGY EFFICIENCY PROJECT AS DEFINED
IN SECTION 19-1309 OF THE ENVIRONMENTAL CONSERVATION LAW.
  D. MONEYS FROM THE  RENEWABLE  ENERGY  DEVELOPMENT  ACCOUNT  SHALL  BE
AVAILABLE,  PURSUANT TO APPROPRIATION, FOR ANY RENEWABLE ENERGY DEVELOP-
MENT PROJECT, AS DEFINED IN SECTION 19-1311 OF THE ENVIRONMENTAL CONSER-
VATION LAW.
  E. MONEYS FROM THE CLEAN AIR ACCOUNT SHALL BE AVAILABLE,  PURSUANT  TO
APPROPRIATION,  FOR  ANY  CLEAN  AIR  TECHNOLOGY  PROJECT, AS DEFINED IN
SECTION 19-1313 OF THE ENVIRONMENTAL CONSERVATION LAW.

S. 2347                             7

  4. MONEYS IN THE CLIMATE CHANGE SOLUTIONS FUND SHALL BE KEPT  SEPARATE
AND  SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF THE
COMPTROLLER.
  5. ALL PAYMENTS OF MONEYS FROM THE FUND SHALL BE MADE ON THE AUDIT AND
THE WARRANT OF THE COMPTROLLER.
  S 4. This act shall take effect immediately.

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Senate Bill S2347

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

co-Sponsors

2009-S2347 (ACTIVE) - Details

2009-S2347 (ACTIVE) - Summary

2009-S2347 (ACTIVE) - Sponsor Memo

2009-S2347 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2347

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Sponsored By

Eric T. Schneiderman

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

co-Sponsors

Ruben Diaz

Thomas K. Duane

Liz Krueger

Jose M. Serrano

2009-S2347 (ACTIVE) - Details

2009-S2347 (ACTIVE) - Summary

2009-S2347 (ACTIVE) - Sponsor Memo

2009-S2347 (ACTIVE) - Bill Text download pdf

Comments