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.