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

                                  6032

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 21, 2009
                               ___________

Introduced  by  Sens.  AUBERTINE,  PARKER,  THOMPSON  --  read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Rules

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

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

S. 6032                             2

organizations has hindered progress in fully realizing  the  promise  of
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.