S T A T E O F N E W Y O R K
________________________________________________________________________
679
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
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, LATIMER, MAISEL, McENENY,
PERRY, WEISENBERG -- read once and referred to the Committee on Corpo-
rations, 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.
LBD03148-01-1
A. 679 2
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, PERFLUOROCARBONS 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.
A. 679 3
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 THIRTEEN 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.