The New York State Senate

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

                                  5786

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 4, 2015
                               ___________

Introduced  by  M.  of  A. KAVANAGH, CAHILL, COLTON, ENGLEBRIGHT, GALEF,
  JAFFEE, LIFTON, LUPARDO, PAULIN, ROSENTHAL, SCHIMEL -- read  once  and
  referred to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law and the state finance
  law, in relation to 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. Subdivision 1  of  section  19-0301  of  the  environmental
conservation  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-J OF THE STATE FINANCE LAW.
  S 2. The state finance law is amended by adding a new section 92-j  to
read as follows:
  S  92-J. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03174-01-5

A. 5786                             2

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 3. This act shall take effect immediately or on the same date  as  a
chapter of the laws of 2015, entitled "AN ACT to amend the environmental
conservation  law,  in  relation  to  establishing  the  climate  change
solutions program act", whichever is later.