NY State Senate Bill 2013-S4029

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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Jan 08, 2014	referred to environmental conservation
Mar 05, 2013	referred to environmental conservation

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2013-S4029 (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:: 2009-2010: S2347
2011-2012: S896
2015-2016: S2781

2013-S4029 (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.

2013-S4029 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4029

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.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:  This act shall take effect immediately.

2013-S4029 (ACTIVE) - Bill Text download pdf

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

                                  4029

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 5, 2013
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed 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.
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD08447-01-3

S. 4029                             2

  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.
  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.

S. 4029                             3

  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;
  (II)  APPLIANCES AND EQUIPMENT THAT MEET ENERGY EFFICIENCY PERFORMANCE
STANDARDS AS IDENTIFIED IN ARTICLE 16 OF THE ENERGY LAW; AND
  (III) OTHER SUCH MEASURES THAT WILL REDUCE THE DEMAND FOR  AND/OR  THE
CONSUMPTION OF ELECTRICITY AS DETERMINED BY THE AUTHORITY.

S. 4029                             4

  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 TEN 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,
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

S. 4029                             5

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.
  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.

S. 4029                             6

  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  TITLE  THIRTEEN  OF
ARTICLE  NINETEEN 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.
  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 S4029

Sponsored By

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

co-Sponsors

2013-S4029 (ACTIVE) - Details

2013-S4029 (ACTIVE) - Summary

2013-S4029 (ACTIVE) - Sponsor Memo

2013-S4029 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4029

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Sponsored By

Liz Krueger

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

co-Sponsors

Terry Gipson

Cecilia Tkaczyk

2013-S4029 (ACTIVE) - Details

2013-S4029 (ACTIVE) - Summary

2013-S4029 (ACTIVE) - Sponsor Memo

2013-S4029 (ACTIVE) - Bill Text download pdf

Comments