senate Bill S1247

2013-2014 Legislative Session

Establishes a clean air account and makes an appropriation therefor

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to finance
Jan 09, 2013 referred to finance

Co-Sponsors

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S1247 - Bill Details

Current Committee:
Law Section:
Appropriations
Laws Affected:
Amd §92-s, St Fin L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1766
2009-2010: A8642, S1145, S1146

S1247 - Bill Texts

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Establishes a clean air account and makes an appropriation therefor; specifies the manner in which such appropriation is to be utilized.

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BILL NUMBER:S1247

TITLE OF BILL:
An act
to amend the state finance law, in relation to establishing a clean air
account; and making an appropriation therefor

PURPOSE:

This bill will increase the Environmental Protection Fund (EPF) from
$250 million to $300 million. This additional $50 million will be
used to create a new Clean Air Account.
This $50 million would be allocated as follows:

1. $35 million to upgrade the dirtiest School boilers in the State
(Approximately 14 boilers per year);

2. $5 million for grants to School in Clean Air Non-Attainment Areas to
pay for the increased cost of Ultra Low Sulfur Diesel; and

3. $10 million to fund the initial costs of conversion to bio- fuels.
(In many cases, switching to a Bio-Fuel mixture requires the oil tank to
be cleaned out. If the tank is not cleaned, the Bio-Fuel will push
the tanks sludge into the boiler or furnace, which can inflict severe
damage).

SUMMARY OF PROVISIONS:

Section 1. Amends paragraph a of subdivision 2 of Section 92-s of the
State Finance Law to create a new clean air account within the EPF.

§2. Amends paragraph (e) of subdivision 6 of Section 92-s of the State
Finance Law to provide that moneys from the Clean Air Account shall
be allocated as follows: $35 million to upgrade the dirtiest School
boilers in the State (Approximately 14 boilers per year); $5 million
for grants to School in Clean Air Non-Attainment Areas to pay for the
increased cost of Ultra Low Sulfur Diesel; and $10 million to fund
the initial costs of conversion to bio-fuels.

§3. Provides for an appropriation of $50 million to the credit of the
Clean Air Account of the EPF.

§4. Effective immediately.

EXISTING LAW:

The EPF is almost entirely funded by the Real Estate Transfer Tax
(RETT). Revenues from the RETT have grown from $371 million in SFY
2001-02 to $950 million in 2006-07. It is realistic to expect that the
RETT will continue to grow in the coming years.

The General Fund received no direct deposit of real estate transfer
tax receipts in 2006-07 nor will it in 2007-08. However, the balance
of the Clean Water/Clean Air Fund, not needed for debt service, is
transferred to the General Fund. In 2006-07 and 2007-08, it is


expected that $682 million and $559.9 million, respectively, will be
transferred to the General Fund.

During 2006-07, the statutory amount of real estate transfer tax
receipts to be deposited in to the Environmental Protection Fund was
$147 million. During 2007-08, the statutory amount of real estate
transfer tax receipts to be deposited in to the Environmental
Protection Fund will be up to $237 million.

JUSTIFICATION:

According to a May 1, 2007 report of the American Lung Association of
New York, entitled State of the Air: 2007, fourteen of New York's
thirty-two counties that have air pollution monitors, received
failing grades. According to the report, residents of all regions of
New York State breathe air with dangerously high levels of both
particulate matter and ozone.

Additionally, The American Lung Association of New York State
concluded that "Twenty-nine percent of all New York City emissions
come from heating fuel - more than the amount from vehicle traffic
and power plants combined." Additionally, the use of bio-fuels in old
school boilers will significantly reduce the particulate pollution
that leads to higher asthma incidence.

LEGISLATIVE HISTORY:

2011-2012: Referred to Finance (S.1766)
2009-2010: Referred to Finance (S.1146)
2007-2008: Referred to Finance (S.6105)

FISCAL IMPLICATIONS:

This bill will divert $50 million in RETT revenues from the General
Fund to the EPF.

LOCAL FISCAL IMPLICATIONS:

This bill will save school districts money in two ways: 1) it provides
State funding for the upgrade of their inefficient heating systems;
and 2) energy costs will be lower for school districts that upgrade
to more efficient heating systems.

EFFECTIVE DATE:

Immediately.

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

                                  1247

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  PERKINS,  ADAMS,  DIAZ,  DILAN, HASSELL-THOMPSON,
  KRUEGER, PARKER, SAMPSON, SERRANO, STEWART-COUSINS -- read  twice  and
  ordered  printed, and when printed to be committed to the Committee on
  Finance

AN ACT to amend the state finance law, in  relation  to  establishing  a
  clean air account; and making an appropriation therefor

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

  Section 1. Paragraph a of subdivision 2 of section 92-s of  the  state
finance  law, as added by chapter 610 of the laws of 1993, is amended to
read as follows:
  a. The comptroller shall establish the following separate and distinct
accounts within the environmental protection fund:
  (i) solid waste account;
  (ii) parks, recreation and historic preservation account;
  (iii) open space account; [and]
  (iv) environmental protection transfer account[.]; AND
  (V) CLEAN AIR ACCOUNT.
  S 2. Paragraph (e) of subdivision 6  of  section  92-s  of  the  state
finance law is relettered paragraph (f) and a new paragraph (e) is added
to read as follows:
  (E)  MONEYS FROM THE CLEAN AIR ACCOUNT SHALL BE AVAILABLE, PURSUANT TO
APPROPRIATION, FOR CLEAN AIR ACCOUNT PROJECTS ACCORDING TO  THE  FOLLOW-
ING:
  (I) THIRTY-FIVE MILLION DOLLARS TO UPGRADE SCHOOL BOILERS. THE COMMIS-
SIONER OF EDUCATION SHALL ESTABLISH A PROCEDURE TO DETERMINE THE PRIORI-
TY OF WHICH SCHOOL BOILERS SHALL BE REPLACED;
  (II)  FIVE  MILLION DOLLARS FOR GRANTS TO SCHOOLS IN CLEAN AIR NON-AT-
TAINMENT AREAS TO PAY FOR THE INCREASED COST OF ULTRA LOW SULFUR DIESEL;
AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04238-01-3

S. 1247                             2

  (III) TEN MILLION DOLLARS TO FUND THE INITIAL  COSTS  ASSOCIATED  WITH
CONVERSION TO BOILERS OR FURNACES THAT USE BIO-FUEL.
  S 3. The sum of fifty million dollars ($50,000,000), or so much there-
of  as  may  be  necessary,  is hereby appropriated to the department of
environmental conservation out of any moneys in the  state  treasury  in
the  general  fund to the credit of the clean air account, not otherwise
appropriated, and made immediately available, for the purpose of  carry-
ing  out the provisions of this act. Such moneys shall be payable on the
audit and warrant of the comptroller on vouchers certified  or  approved
by  the  commissioner of the department of environmental conservation in
the manner prescribed by law.
  S 4. This act shall take effect immediately.

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