S T A T E O F N E W Y O R K
________________________________________________________________________
5908--A
2017-2018 Regular Sessions
I N S E N A T E
May 5, 2017
___________
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Energy and Telecommuni-
cations -- recommitted to the Committee on Energy and Telecommuni-
cations in accordance with Senate Rule 6, sec. 8 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the energy law, in relation to establishing a one
hundred percent energy system by two thousand thirty; to amend the
environmental conservation law, in relation to the adoption of a
climate action plan; to amend the state finance law, in relation to
establishing the renewable energy revolving fund; and to provide for
legal standing to sue for enforcement of the state's clean energy plan
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. New York state's continued use of
fossil fuels, including coal, oil, and natural gas, is having devastat-
ing impacts on our climate and communities. Our state's ongoing use of
nuclear fuels continues to create immensely radioactive wastes that will
be dangerous to future generations for millennia. It is in the best
interest of the people of New York to move the state into a clean energy
revolution, meeting 100 percent of our energy needs from clean, renewa-
ble sources by 2030. Transitioning to clean energy is fundamental to
protecting our communities, particularly communities of color and lower
income communities that are disproportionately affected by the worsening
air and water quality that results from the incineration of fossil
fuels. A transition to a 100 percent clean energy system will be
achieved in a way that protects displaced fossil fuel workers, impacted
communities, builds a stronger economy for everyone in the State, and
creates hundreds of thousands of new jobs, while at the same time elimi-
nating New York's contribution to the biggest environmental threat
facing our planet, climate change.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04918-04-8
S. 5908--A 2
§ 2. Subdivision 1 of section 6-104 of the energy law, as added by
chapter 433 of the laws of 2009, is amended to read as follows:
1. The board shall adopt a state energy plan in accordance with the
provisions of this article.
(A) THE PLAN SHALL ESTABLISH A GOAL OF ACHIEVING A ONE HUNDRED PERCENT
CLEAN ENERGY SYSTEM BY TWO THOUSAND THIRTY, WITH ZERO NET GREENHOUSE GAS
EMISSIONS. AS USED IN THIS SECTION, "CLEAN RENEWABLE ENERGY" SHALL
INCLUDE ENERGY DERIVED FROM SOLAR, WIND, GEOTHERMAL, AND TIDAL SOURCES,
BUT DOES NOT INCLUDE NUCLEAR POWER, NATURAL GAS, BIOMASS, OR FOSSIL
FUELS.
(B) THE PLAN SHALL NOT INCLUDE ANY PROVISIONS FOR THE CONTINUED USE
PAST TWO THOUSAND THIRTY OF NUCLEAR POWER. THE STATE SHALL DEVELOP A
PLAN FOR THE PHASE OUT OF ALL NUCLEAR PLANTS BY TWO THOUSAND TWENTY-FIVE
AND REPLACE SUCH PLANTS WITH SOURCES OF RENEWABLE ENERGY.
(C) THE PLAN SHALL NOT INCLUDE PROVISIONS FOR THE CONTINUED USE OF
BIOMASS, INCLUDING BIOGAS FROM LANDFILLS, AGRICULTURAL OPERATIONS AND
OTHER SOURCES OF BIOGAS, INCLUDING METHANE. INSTEAD, THE STATE SHALL
DEVELOP A PLAN TO PHASE OUT LANDFILLS AND CONVERT TO A ZERO WASTE
DISPOSAL SYSTEM AND REDUCE GREENHOUSE GAS EMISSIONS IN THE ANIMAL AGRI-
CULTURAL SECTOR BY PROMOTING PASTURE-BASED, SUSTAINABLE ANIMAL AGRICUL-
TURAL SYSTEMS AND ELIMINATING INDUSTRIAL STYLE CONCENTRATED ANIMAL FEED-
ING OPERATIONS FROM OPERATING IN THE STATE.
(D) THE PLAN SHALL PROVIDE FOR THE DISCONTINUANCE OF STATE INVESTMENT
IN, AND THE DEVELOPMENT OF, INFRASTRUCTURE RELATED TO THE DISTRIBUTION,
PROCESSING, STORAGE, OR EXTRACTION OF FOSSIL FUELS. NO STATE AGENCY OR
AUTHORITY SHALL ISSUE NEW PERMITS FOR THE CONSTRUCTION OR OPERATION OF
SUCH FACILITIES.
(E) THE PLAN SHALL INCLUDE, IN TWO-YEAR INCREMENTS, DETAILED BENCH-
MARKS AND STEPS NEEDED TO ACHIEVE THE GOAL OF A ONE HUNDRED PERCENT
CLEAN RENEWABLE ENERGY SYSTEM BY TWO THOUSAND THIRTY. INTERIM GOALS FOR
ONE HUNDRED PERCENT CLEAN ENERGY SHALL BE AS FOLLOWS:
(I) FORTY PERCENT BY TWO THOUSAND TWENTY; AND
(II) SEVENTY PERCENT BY TWO THOUSAND TWENTY-FIVE.
(F) ANY PROVISIONS OF THIS CHAPTER RELATING TO FOSSIL FUELS, NATURAL
GAS, OIL, COAL, AND PETROLEUM PRODUCTS SHALL BE CONTROLLING ONLY FOR THE
SOLE PURPOSE OF PROVIDING GUIDANCE ON HOW TO DISCONTINUE THE USE OF SUCH
FUELS BY TWO THOUSAND THIRTY.
(G) THE PLAN SHALL INCORPORATE MEASURES RELATED TO REDUCTION IN ENERGY
USE, INCREASED ENERGY CONSERVATION, AND IMPROVEMENTS IN ENERGY EFFICIEN-
CY; IT SHALL ALSO PROMOTE REGENERATIVE AGRICULTURE TO HELP RETURN CARBON
TO THE SOIL.
(H) THE PLAN SHALL REQUIRE ANY NEW VEHICLES SOLD IN THE STATE TO BE
ALL-ELECTRIC OR OTHERWISE NO CARBON EMISSIONS BY TWO THOUSAND TWENTY-
FIVE.
(I) BY TWO THOUSAND TWENTY, ANY NEW STRUCTURES CONSTRUCTED IN THE
STATE SHALL BE NET ZERO EMISSION STRUCTURES. THE PLAN WILL INCLUDE A
RAPID TRANSITION TO RENEWABLE HEATING AND COOLING PROVIDED BY HEAT PUMPS
POWERED BY RENEWABLE ELECTRICITY.
(J) THE PROVISIONS OF THIS SUBDIVISION SHALL SUPERSEDE ANY INCONSIST-
ENT PROVISIONS OF THIS SECTION.
§ 3. The environmental conservation law is amended by adding a new
section 54-1525 to read as follows:
§ 54-1525. CLIMATE ACTION PLAN.
1. A. THE DEPARTMENT SHALL ADOPT A STATE CLIMATE ACTION PLAN TO IMPLE-
MENT THE GOALS ESTABLISHED IN SECTION 6-104 OF THE ENERGY LAW. THE PLAN
SHALL ADDRESS ALL ASPECTS OF CLIMATE CHANGE, INCLUDING MITIGATION, ADAP-
S. 5908--A 3
TATION, AND RESILIENCY, INCLUDING IMPACTS CAUSED BY AGRICULTURE, HEATING
AND COOLING, AND TRANSPORTATION. THE DEPARTMENT SHALL RELEASE AND PUBLI-
CIZE ON ITS WEBSITE A DRAFT PLAN NO LATER THAN NINE MONTHS AFTER THE
EFFECTIVE DATE OF THIS SECTION. FOLLOWING THE RELEASE OF THE DRAFT PLAN,
THE DEPARTMENT SHALL CONDUCT REGIONAL PUBLIC HEARINGS TO OBTAIN PUBLIC
FEEDBACK ON THE DRAFT PLAN. THE FINAL PLAN WILL BE COMPLETED NO LATER
THAN EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION. THE
DEPARTMENT SHALL RELEASE AND PUBLICIZE ON ITS WEBSITE THE FINAL PLAN.
B. WITHIN ONE YEAR AFTER THE RELEASE OF THE DEPARTMENT'S FINAL CLIMATE
ACTION PLAN, EACH STATE AGENCY AND PUBLIC AUTHORITY SHALL ADOPT REGU-
LATIONS CONSISTENT WITH AND IN FURTHERANCE OF THE GOALS OF THE CLIMATE
ACTION PLAN, AND SHALL DEVELOP AN AGENCY OR AUTHORITY CLIMATE ACTION
PLAN, AS APPROPRIATE, WHICH SHALL BE UPDATED ANNUALLY, TO ACHIEVE SUCH
GOALS FOR THE AGENCY'S OR AUTHORITY'S OWN INTERNAL OPERATIONS AS WELL AS
FOR REGULATORY PURPOSES AND OTHER ACTIONS UNDER THE PURVIEW OF THE AGEN-
CY OR AUTHORITY.
C. WITHIN ONE YEAR AFTER THE RELEASE OF THE DEPARTMENT'S FINAL CLIMATE
ACTION PLAN, EACH COUNTY GOVERNMENT AND EACH MUNICIPALITY REPRESENTING
MORE THAN FIFTY THOUSAND INDIVIDUALS SHALL ADOPT A COMMUNITY CLIMATE
ACTION PLAN. SUCH PLANS SHALL SUPPORT THE DEVELOPMENT OF COMMUNITY AND
PUBLICLY OWNED RENEWABLE ENERGY. THE DEPARTMENT SHALL ESTABLISH A STATE-
WIDE ENVIRONMENTAL AND CLIMATE JUSTICE TASK FORCE TO WORK WITH COMMUNITY
GROUPS IN IMPACTED AREAS TO ASSIST IN THE DEVELOPMENT AND IMPLEMENTATION
OF THE COMMUNITY CLIMATE ACTION PLANS, FOCUSING ON LOW-INCOME COMMUNI-
TIES AND COMMUNITIES OF COLOR.
D. THE CLIMATE ACTION PLANS REFERRED TO IN PARAGRAPHS B AND C OF THIS
SUBDIVISION SHALL INCORPORATE GOALS OF ENVIRONMENTAL JUSTICE AND BE
DEVELOPED WITH MEANINGFUL INPUT AND ANALYSIS FROM ENVIRONMENTAL JUSTICE
ORGANIZATIONS.
E. THE DEPARTMENT SHALL ENSURE THAT CLIMATE ACTION PLANS DEVELOPED
PURSUANT TO PARAGRAPHS B AND C OF THIS SUBDIVISION ACHIEVE THE STATE'S
GOAL OF ONE HUNDRED PERCENT RENEWABLE ENERGY BY TWO THOUSAND THIRTY IN A
MANNER THAT BENEFITS THE STATE'S MOST DISADVANTAGED COMMUNITIES AND IS
TRANSPARENT AND ACCOUNTABLE TO THE PUBLIC AND THE LEGISLATURE.
2. A. THE STATE CLIMATE ACTION PLAN SHALL INCLUDE PROVISIONS FOR A
JUST TRANSITION FROM CURRENT ENERGY SOURCES TO CLEAN RENEWABLE ENERGY AS
DESCRIBED IN SUBDIVISION ONE OF SECTION 6-104 OF THE ENERGY LAW. SUCH
PROVISIONS SHALL INCLUDE PROVIDING TRAINING AND ENSURING COMPARABLE JOBS
AND WAGES TO INDIVIDUALS PRESENTLY WORKING IN THE FOSSIL FUEL INDUSTRY
AND IN THE NUCLEAR POWER INDUSTRY.
B. THE DEPARTMENT, IN CONJUNCTION WITH THE NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY AND THE COMMISSIONER OF LABOR, SHALL
DEVELOP PROGRAMS TO TRANSITION WORKERS IN THE FOSSIL FUEL INDUSTRY AND
NUCLEAR POWER INDUSTRIES INTO JOBS IN THE RENEWABLE ENERGY SECTOR,
INCLUDING JOB TRAINING PROGRAMS, RELOCATION ASSISTANCE, HIGHER EDUCA-
TION, AND TEMPORARY FINANCIAL SUPPORT TO EXTEND UNEMPLOYMENT BENEFITS.
SUCH PROGRAMS SHALL ALSO BE OPEN TO WORKERS PREVIOUSLY EMPLOYED IN THE
FOSSIL FUEL INDUSTRY WHO ARE OUT OF WORK DUE TO REDUCTION IN DEMAND FOR
JOBS IN THAT INDUSTRY, OR TO PEOPLE WHO LIVE IN COMMUNITIES THAT HAVE
BEEN DISPROPORTIONATELY IMPACTED BY FOSSIL FUELS AS DETERMINED BY THE
COMMISSIONER. SUCH PROGRAMS SHALL BE FUNDED THROUGH THE RENEWABLE ENERGY
REVOLVING FUND, ESTABLISHED BY SECTION EIGHTY-THREE-B OF THE STATE
FINANCE LAW.
C. THE DEPARTMENT, IN CONJUNCTION WITH THE NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY AND THE COMMISSIONER OF LABOR, SHALL
DEVELOP CRITERIA FOR GRANTS AND LOW-INTEREST LOANS TO SUPPORT THE GENER-
S. 5908--A 4
ATION OF RENEWABLE ENERGY AND JOB TRAINING PROGRAMS IN THE RENEWABLE
ENERGY SECTOR, WITH PRIORITY GIVEN TO PROJECTS IN LOW-INCOME COMMUNI-
TIES, COMMUNITIES OF COLOR, IMMIGRANT COMMUNITIES AND COMMUNITIES
DISPROPORTIONATELY IMPACTED BY FOSSIL FUEL DEVELOPMENT.
3. A. A STATE CLIMATE ACTION COUNCIL SHALL BE ESTABLISHED WITHIN THE
DEPARTMENT FOR THE PURPOSE OF PROVIDING RECOMMENDATIONS TO THE DEPART-
MENT AND RELEVANT STATE AGENCIES AND PUBLIC AUTHORITIES REGARDING THE
DEVELOPMENT, ADOPTION, AND IMPLEMENTATION OF THE STATE CLIMATE ACTION
PLAN AND THE AGENCY AND AUTHORITY CLIMATE ACTION PLANS.
B. THE CLIMATE ACTION COUNCIL SHALL:
(I) PREPARE ANNUAL BUDGET REQUESTS FOR CLIMATE ACTION MEASURES TO BE
INCLUDED IN THE PROPOSED STATE BUDGET;
(II) PROPOSE NEEDED STATE LEGISLATION AND AGENCY AND PUBLIC AUTHORITY
REGULATIONS. IF SUCH REGULATIONS OR LAWS ARE REJECTED, A WRITTEN EXPLA-
NATION JUSTIFYING SUCH REJECTION SHALL BE PROVIDED BY THE RELEVANT
ACTING BODY ALONG WITH POSSIBLE ALTERNATIVE APPROACHES; AND
(III) RECOMMEND THE OVERTURNING OF ANY STATE REGULATIONS ADOPTED AFTER
THE STATE CLIMATE ACTION PLAN AND THE AGENCY AND PUBLIC AUTHORITY PLANS
THAT ARE INCONSISTENT WITH THE STATE CLIMATE ACTION PLAN.
C. THE CLIMATE ACTION COUNCIL SHALL CONSIST OF THE FOLLOWING MEMBERS:
(I) THE COMMISSIONER;
(II) THE COMMISSIONER OF AGRICULTURE AND MARKETS;
(III) THE COMMISSIONER OF ECONOMIC DEVELOPMENT;
(IV) THE COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL;
(V) THE COMMISSIONER OF TRANSPORTATION;
(VI) THE CHAIR OF THE PUBLIC SERVICE COMMISSION;
(VII) THE CHAIR OF THE METROPOLITAN TRANSPORTATION AUTHORITY;
(VIII) THE PRESIDENT OF THE NEW YORK STATE ENERGY RESEARCH AND DEVEL-
OPMENT AUTHORITY;
(IX) THE PRESIDENT OF THE LONG ISLAND POWER AUTHORITY;
(X) THE PRESIDENT OF THE POWER AUTHORITY OF THE STATE OF NEW YORK;
(XI) THE PRESIDENT OF THE DORMITORY AUTHORITY OF THE STATE OF NEW
YORK;
(XII) THE SECRETARY OF STATE;
(XIII) THE DIRECTOR OF THE BUDGET;
(XIV) THE DIRECTOR OF STATE OPERATIONS; AND
(XV) THE COUNSEL TO THE GOVERNOR.
D. ADDITIONAL APPOINTMENTS SHALL BE MADE BY THE GOVERNOR AND LEADERS
OF THE STATE LEGISLATURE TO REPRESENT THE RENEWABLE ENERGY INDUSTRY,
BUSINESSES, FARMERS, HEALTH PROFESSIONALS, SMALL BUSINESS, AND ACADEM-
ICS. AT LEAST ONE-THIRD OF THE MEMBERS SHALL REPRESENT COMMUNITY GROUPS,
LABOR UNIONS, ENVIRONMENTAL JUSTICE ORGANIZATIONS, AND CLIMATE ADVOCACY
GROUPS. THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE
ASSEMBLY SHALL EACH APPOINT TWO MEMBERS, AND THE MINORITY LEADERS OF THE
SENATE AND THE ASSEMBLY SHALL EACH APPOINT ONE MEMBER.
E. THE CLIMATE ACTION COUNCIL SHALL MEET AT LEAST QUARTERLY. EACH
STATE AGENCY AND PUBLIC AUTHORITY SHALL PROVIDE THE COUNCIL WITH QUAR-
TERLY UPDATES OF THE MEASURES TAKEN BY THE AGENCY OR AUTHORITY TO REDUCE
GREENHOUSE GAS EMISSIONS AND PROMOTE ONE HUNDRED PERCENT CLEAN RENEWABLE
ENERGY.
F. THE COUNCIL SHALL SUBMIT AN ANNUAL REPORT TO THE LEGISLATURE AS TO
ITS PROGRESS IN ACHIEVING ITS GOALS. THE ASSEMBLY AND THE SENATE WILL
HOLD A JOINT PUBLIC HEARING TO REVIEW THE REPORT AND TO PROVIDE AN
OPPORTUNITY FOR PUBLIC INPUT.
4. A. THE DEPARTMENT SHALL ESTABLISH A STATE RENEWABLE ENERGY BOARD
AND REGIONAL RENEWABLE ENERGY BOARDS UNDER THE CLIMATE ACTION COUNCIL
S. 5908--A 5
AND SHALL APPOINT MEMBERS THERETO BASED UPON RECOMMENDATIONS BY THE
CLIMATE ACTION COUNCIL. THE STATE AND REGIONAL BOARDS SHALL BE COMPRISED
OF MEMBERSHIP FROM ORGANIZATIONS THAT REPRESENT ENVIRONMENTAL JUSTICE
COMMUNITIES, LABOR UNIONS, ENVIRONMENTAL ORGANIZATIONS, ACADEMICS KNOW-
LEDGEABLE ABOUT ENERGY SYSTEMS, CONSUMER ORGANIZATIONS, UTILITIES, AND
BUSINESSES. THE BOARDS WILL BE RESPONSIBLE FOR APPROVING UTILITIES'
CLEAN ENERGY COMPLIANCE PLANS AND APPROVING AND ALLOCATING FUNDS FROM
THE STATE RENEWABLE ENERGY REVOLVING FUND ESTABLISHED BY SECTION EIGHT-
Y-THREE-B OF THE STATE FINANCE LAW.
B. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, EACH UTILITY
SUBJECT TO THE PROVISIONS OF THE PUBLIC SERVICE LAW SHALL SUBMIT PLANS
DETAILING THE UTILITY'S PLANS TO COMPLY WITH THE GOALS ESTABLISHED IN
SECTION 6-104 OF THE ENERGY LAW FOR APPROVAL TO THE STATE RENEWABLE
ENERGY BOARD. EACH UTILITY SHALL SUBMIT ANNUAL REPORTS DOCUMENTING ITS
PROGRESS TOWARDS MEETING THE GOALS, AND ANY PROPOSED AMENDMENTS TO ITS
PLAN. IF A UTILITY FAILS TO MEET THE CLEAN ENERGY BENCHMARKS ESTABLISHED
IN SECTION 6-104 OF THE ENERGY LAW, IT SHALL SUBMIT AN UPDATED PLAN THAT
DOCUMENTS HOW THE UTILITY WILL COME INTO COMPLIANCE WITH THE BENCHMARKS
THE FOLLOWING YEAR.
C. ANY UTILITY FAILING TO COMPLY WITH THE PROVISIONS OF PARAGRAPH B OF
THIS SUBDIVISION SHALL BE FINED AN AMOUNT THAT IS TWO TIMES THE MARGINAL
COST DIFFERENCE BETWEEN THE HIGHEST PRICED FOSSIL FUEL THEY ARE BURNING
AND THE LOWEST COST RENEWABLE ENERGY PER KILOWATT HOUR. FINES COLLECTED
FROM VIOLATIONS SHALL BE DEPOSITED INTO THE STATE RENEWABLE ENERGY
REVOLVING FUND ESTABLISHED BY SECTION EIGHTY-THREE-B OF THE STATE
FINANCE LAW AND USED TO DEVELOP RENEWABLE ENERGY GENERATION, ENERGY
EFFICIENCY, AND JOB TRAINING PROGRAMS IN THE COMMUNITIES WHERE FOSSIL
FUELS CONTINUE TO BE UTILIZED FOR ENERGY. NO FINES COLLECTED FOR THESE
VIOLATIONS SHALL BE PASSED THROUGH TO RATEPAYERS.
D. ONSITE AND COMMUNITY RENEWABLE ENERGY SHALL BE CREDITED AT THE
RETAIL RATE OF ELECTRICITY FOR ENERGY GENERATED UP TO ONE HUNDRED TWENTY
PERCENT OF ENERGY CONSUMPTION AT THE TIME OF INSTALLATION, TAKEN AS AN
AVERAGE OF ANNUAL USAGE FOR THE PAST FIVE YEARS. ENERGY GENERATED BEYOND
ONE HUNDRED TWENTY PERCENT SHALL BE REIMBURSED AT THE WHOLESALE RATE. IN
MONTHS WHERE ENERGY GENERATION EXCEEDS USAGE, THE DIFFERENCE SHALL BE
CREDITED TO THE ELECTRIC BILL, AND AT THE END OF THE YEAR, EXCESS OWED
TO THE ELECTRIC CUSTOMER SHALL BE PAID TO THE CUSTOMER. ANY UTILITY THAT
CAPTURES ENERGY GENERATED IN EXCESS OF ONE HUNDRED TWENTY PERCENT SHALL
DEPOSIT AN AMOUNT EQUAL TO THE RETAIL PRICE OF ELECTRICITY FOR THE
AMOUNT GENERATED INTO THE STATE RENEWABLE ENERGY REVOLVING FUND ESTAB-
LISHED BY SECTION EIGHTY-THREE-B OF THE STATE FINANCE LAW.
5. A. THE COMMISSIONER SHALL APPOINT A STATEWIDE CLIMATE JUSTICE WORK-
ING GROUP FOR THE FOLLOWING PURPOSES:
(I) TO EVALUATE THE CLIMATE ACTION PLANS DEVELOPED BY EACH STATE AGEN-
CY AND PUBLIC AUTHORITY AND TO ADVISE THE DEPARTMENT ON AN ON GOING
BASIS AS TO PROGRESS MADE BY RESPECTIVE AGENCIES AND PUBLIC AUTHORITIES;
(II) TO CONSULT WITH THE DEPARTMENT OF PUBLIC SERVICE AND THE PUBLIC
SERVICE COMMISSION TO ASSESS THE PROGRESS MADE BY UTILITIES SUBJECT TO
THE PROVISIONS OF THE PUBLIC SERVICE LAW IN COMING INTO COMPLIANCE WITH
THE STATE ENERGY PLAN MANDATED BY SUBDIVISION ONE OF SECTION 6-104 OF
THE ENERGY LAW AND TO ADVISE THE DEPARTMENT ON AN ON-GOING BASIS AS TO
PROGRESS MADE BY SUCH UTILITIES; AND
(III) TO ADVISE THE DEPARTMENT REGARDING MEASURES TO EXPAND ACCESS TO
RENEWABLE ENERGY IN LOW-INCOME AND IMMIGRANT COMMUNITIES IN WAYS THAT
ADVANCE ENVIRONMENTAL, CLIMATE, ECONOMIC, AND RACIAL JUSTICE INTERESTS.
S. 5908--A 6
B. THE STATE CLIMATE JUSTICE WORKING GROUP SHALL BE EMPOWERED TO
REQUEST AND RECEIVE REPORTS AND OTHER RELEVANT INFORMATION FROM AGEN-
CIES, PUBLIC AUTHORITIES, THE DEPARTMENT OF PUBLIC SERVICE AND THE
PUBLIC SERVICE COMMISSION, UTILITIES SUBJECT TO THE PROVISIONS OF THE
PUBLIC SERVICE LAW, AND OTHER ENTITIES NECESSARY TO EVALUATE AND ADVISE
THE DEPARTMENT ON PLANS AND PROGRESS TOWARDS THE TRANSITION TO ONE
HUNDRED PERCENT RENEWABLE ENERGY. ALL STATE AGENCIES, AUTHORITIES,
COMMISSIONS AND DEPARTMENTS SHALL COOPERATE WITH THE STATE CLIMATE
JUSTICE WORKING GROUP IN FULFILLING ITS MANDATE.
C. THE STATE CLIMATE JUSTICE WORKING GROUP SHALL BE COMPRISED OF THIR-
TEEN MEMBERS WHO ARE RESIDENTS OF LOW-INCOME COMMUNITIES OR ENVIRON-
MENTAL JUSTICE COMMUNITIES. MEMBERS SHALL SERVE FOR NO MORE THAN THREE
FOUR-YEAR TERMS EACH AS FOLLOWS:
(I) FIVE MEMBERS SHALL BE REPRESENTATIVES OF COMMUNITY-BASED ORGANIZA-
TIONS THAT ADVISE OR ASSIST MINORITY AND LOW-INCOME COMMUNITIES ON ENVI-
RONMENTAL MATTERS;
(II) FOUR MEMBERS SHALL BE REPRESENTATIVES OF BUSINESSES INVOLVED WITH
ENERGY, HEATING AND COOLING, TRANSPORTATION AND AGRICULTURE;
(III) TWO MEMBERS SHALL BE REPRESENTATIVES OF ENVIRONMENTAL CONSERVA-
TION OFFICES OF LOCAL GOVERNMENT;
(IV) TWO MEMBERS SHALL BE REPRESENTATIVES OF STATE OR NATIONAL ORGAN-
IZATIONS PROMOTING ENVIRONMENTAL CONSERVATION, RESEARCHERS, EDUCATORS
AND MEMBERS OF THE GENERAL PUBLIC; AND
(V) THREE OF SUCH MEMBERS SHALL BE NOMINATED BY THE GOVERNOR; TWO OF
SUCH MEMBERS SHALL BE NOMINATED BY THE TEMPORARY PRESIDENT OF THE
SENATE; TWO MEMBERS SHALL BE NOMINATED BY THE SPEAKER OF THE ASSEMBLY;
TWO MEMBERS SHALL BE NOMINATED BY THE CHAIRS OF THE SENATE ENVIRONMENTAL
CONSERVATION AND ENERGY AND TELECOMMUNICATIONS COMMITTEES; AND TWO
MEMBERS SHALL BE NOMINATED BY THE CHAIRS OF THE ASSEMBLY ENVIRONMENTAL
CONSERVATION AND ENERGY COMMITTEES.
D. THE DEPARTMENT SHALL INCLUDE THE COSTS OF ADMINISTRATING AND
RESOURCING THE CLIMATE JUSTICE WORKING GROUP IN ITS ANNUAL BUDGET
REQUESTS TO THE LEGISLATURE. IN ANY GIVEN YEAR THAT THE LEGISLATURE
FAILS TO APPROVE ADEQUATE FUNDING FOR THE CLIMATE JUSTICE WORKING GROUP
AS A DISTINCT LINE ITEM, THE DEPARTMENT SHALL FUND THE OPERATIONS OF THE
CLIMATE JUSTICE WORKING GROUP THROUGH RE-ALLOCATION OF ITS APPROVED
ADMINISTRATIVE BUDGET.
6. A. EACH COUNTY GOVERNMENT AND EACH MUNICIPALITY REPRESENTING MORE
THAN FIFTY THOUSAND INDIVIDUALS SHALL CREATE A LOCAL CLIMATE JUSTICE
WORKING GROUP TO EVALUATE THE PERFORMANCE OF THE COUNTY OR MUNICIPALITY
IN EXPANDING ACCESS TO RENEWABLE ENERGY AND TO ADVANCING ENVIRONMENTAL,
CLIMATE, ECONOMIC AND RACIAL JUSTICE.
B. EACH LOCAL CLIMATE JUSTICE WORKING GROUP SHALL:
(I) ISSUE RECOMMENDATIONS ON LOCAL PLANS TO FURTHER THE OBJECTIVES OF
THE STATE CLIMATE ACTION PLAN AND IMPLEMENTATION OF THESE PLANS TO
ACHIEVE ONE HUNDRED PERCENT CLEAN RENEWABLE ENERGY; AND
(II) OFFER ENDORSEMENTS OR REJECTIONS OF PLANS AND REPORTS, AND OFFER
SPECIFIC ANALYSIS OF THE PLANS' IMPACTS ON EXPANDING ACCESS TO RENEWABLE
ENERGY AND ADVANCING ENVIRONMENTAL, CLIMATE, ECONOMIC AND RACIAL
JUSTICE.
C. EACH LOCAL CLIMATE JUSTICE WORKING GROUP SHALL BE COMPRISED OF
RESIDENTS OF LOW-INCOME COMMUNITIES AND ENVIRONMENTAL JUSTICE COMMUNI-
TIES. MEMBERS SHALL BE APPOINTED BY LOCAL GOVERNMENT CONSISTENT WITH
RULES ADOPTED BY SUCH LOCAL GOVERNMENT. MEMBERS SHALL NUMBER AT LEAST
EIGHT AND NO MORE THAN TWELVE INDIVIDUALS. MEMBERS SHALL SERVE FOR NO
MORE THAN THREE FOUR-YEAR TERMS EACH.
S. 5908--A 7
D. EACH LOCAL CLIMATE JUSTICE WORKING GROUP SHALL BE EMPOWERED TO
RECEIVE REPORTS AND OTHER RELEVANT INFORMATION FROM COMPANIES, UTILI-
TIES, AND OTHER ENTITIES NECESSARY TO DEVELOP RECOMMENDATIONS ON THE
PLANS AND THEIR IMPLEMENTATION.
E. THE DEPARTMENT SHALL INCLUDE THE COSTS OF ADMINISTRATING AND
RESOURCING THE LOCAL CLIMATE JUSTICE WORKING GROUPS IN ITS ANNUAL BUDGET
REQUESTS TO THE LEGISLATURE. IN ANY GIVEN YEAR THAT THE LEGISLATURE
FAILS TO APPROVE FUNDING FOR THE LOCAL CLIMATE JUSTICE WORKING GROUPS AS
A DISTINCT LINE ITEM, THE DEPARTMENT SHALL FUND THE OPERATIONS OF THE
LOCAL CLIMATE JUSTICE WORKING GROUPS THROUGH RE-ALLOCATION OF ITS
APPROVED ADMINISTRATIVE BUDGET.
§ 4. The state finance law is amended by adding a new section 83-b to
read as follows:
§ 83-B. STATE RENEWABLE ENERGY REVOLVING FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER
OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "STATE RENEWA-
BLE ENERGY REVOLVING FUND".
2. THE FUND SHALL CONSIST OF MONEYS APPROPRIATED THERETO, FINES
COLLECTED PURSUANT TO PARAGRAPH C OF SUBDIVISION FOUR OF SECTION 54-1525
OF THE ENVIRONMENTAL CONSERVATION LAW, AND FUNDS TRANSFERRED FROM ANY
OTHER FUND OR SOURCE.
3. THE COMPTROLLER SHALL ESTABLISH THE FOLLOWING SEPARATE AND DISTINCT
ACCOUNTS WITHIN THE RENEWABLE ENERGY REVOLVING FUND:
A. THE LOAN FUND, WHICH SHALL FUND GRANTS AND LOW-INTEREST LOANS TO
SUPPORT THE GENERATION OF RENEWABLE ENERGY AND JOB TRAINING PROGRAMS IN
THE RENEWABLE ENERGY SECTOR PURSUANT TO PARAGRAPH C OF SUBDIVISION TWO
OF SECTION 54-1525 OF THE ENVIRONMENTAL CONSERVATION LAW;
B. THE TRAINING ACCOUNT, WHICH WILL FUND TRAINING PROGRAMS AND OTHER
BENEFITS FOR DISPLACED WORKERS PURSUANT TO PARAGRAPH B OF SUBDIVISION
TWO OF SECTION 54-1525 OF THE ENVIRONMENTAL CONSERVATION LAW; AND
C. THE LOCALITIES ASSISTANCE ACCOUNT, WHICH SHALL REIMBURSE LOCALITIES
FOR ANY REVENUE LOSS OCCURRING FROM THE SHUTDOWN OF FOSSIL FUEL OR
NUCLEAR POWER PLANTS. SUCH ACCOUNT SHALL ALSO BE USED TO PROVIDE
PAYMENTS IN LIEU TO TAXES RELATED TO THE SITING OF ANY RENEWABLE ENERGY
FACILITIES OR PROJECTS.
4. PRIORITY IN DISTRIBUTION AMONG THE ACCOUNTS SPECIFIED IN SUBDIVI-
SION THREE OF THIS SECTION SHALL BE GIVEN TO THE TRAINING ACCOUNT.
MONEYS ALLOTTED TO SUCH ACCOUNT SHALL BE SUFFICIENT TO ENSURE THAT EVERY
DISPLACED FOSSIL FUEL WORKER AND NUCLEAR POWER WORKER IN THE STATE
RECEIVES THE OPPORTUNITY TO TRANSITION INTO JOBS IN THE RENEWABLE ENERGY
SECTOR.
5. REVENUES IN THE RENEWABLE ENERGY REVOLVING FUND SHALL BE KEPT SEPA-
RATE AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF
THE COMPTROLLER. ALL DEPOSITS OF SUCH REVENUES SHALL, IF REQUIRED BY THE
COMPTROLLER, BE SECURED BY OBLIGATIONS OF THE UNITED STATES OR OF THE
STATE HAVING A MARKET VALUE EQUAL AT ALL TIMES TO THE AMOUNT OF SUCH
DEPOSITS AND ALL BANKS AND TRUST COMPANIES ARE AUTHORIZED TO GIVE SECU-
RITY FOR SUCH DEPOSITS. ANY SUCH REVENUES IN SUCH FUND MAY, UPON THE
DISCRETION OF THE COMPTROLLER, BE INVESTED IN OBLIGATIONS IN WHICH THE
COMPTROLLER IS AUTHORIZED TO INVEST PURSUANT TO SECTION NINETY-EIGHT-A
OF THIS ARTICLE.
6. ALL PAYMENTS OF MONEYS FROM THE LOAN ACCOUNT OF THE FUND SHALL BE
MADE ON THE AUDIT AND WARRANT OF THE COMPTROLLER. ALL PAYMENTS FROM THE
TRAINING ACCOUNT OF THE FUND SHALL BE MADE ON THE AUDIT AND WARRANT OF
THE COMMISSIONER OF LABOR.
S. 5908--A 8
§ 5. a. The attorney general is hereby authorized to commence an
action or special proceeding in any court of competent jurisdiction in
the state in the name of the people of the state to enforce the
provisions of this act, recover any fine or penalty due pursuant to
section 54-1525 of the environmental conservation law, or for injunctive
relief to compel compliance with the provisions of this act. All moneys
recovered in any such action or special proceeding, together with the
costs thereof shall be paid into the state treasury to the credit of the
state renewable energy revolving fund established by section 83-b of the
state finance law.
b. Notwithstanding any law, rule or regulation to the contrary, any
resident of the state of New York, over the age of twenty-one, shall
have legal standing to sue to ensure satisfaction of the provisions of
this act.
§ 6. This act shall take effect on the first of January next succeed-
ing the date upon which it shall have become a law.
