S T A T E O F N E W Y O R K
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9831
I N A S S E M B L Y
February 19, 2020
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Education
AN ACT to amend the public authorities law and the education law, in
relation to establishing a climate change education grant program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "New York climate change education act".
§ 2. The public authorities law is amended by adding a new section
1884 to read as follows:
§ 1884. CLIMATE CHANGE EDUCATION GRANT PROGRAM. 1. DEFINITIONS. AS
USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
INGS:
(A) "ELIGIBLE APPLICANT" SHALL MEAN (I) A PUBLIC SCHOOL DISTRICT, (II)
A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, (III) A COMMUNITY BASED
ORGANIZATION WHICH MAY BE A FOR-PROFIT CORPORATION OR ENTITY OR NOT-FOR-
PROFIT CORPORATION OR ORGANIZATION, OR (IV) A CONSORTIUM OR PARTNERSHIP
FORMED BY A PUBLIC SCHOOL DISTRICT, A BOARD OF COOPERATIVE EDUCATIONAL
SERVICES AND ONE OR MORE COMMUNITY BASED ORGANIZATIONS WHICH QUALIFIES
FOR THE AWARD OF A CLIMATE CHANGE EDUCATION GRANT BY THE AUTHORITY UNDER
THIS SECTION.
(B) "GRANT PROGRAM PLAN" SHALL MEAN THE PLAN SUBMITTED TO THE AUTHORI-
TY BY AN ELIGIBLE APPLICANT PURSUANT TO SUBDIVISION FOUR OF THIS
SECTION.
(C) "CLIMATE CHANGE EDUCATION GRANT PROGRAM" SHALL MEAN A COMPREHEN-
SIVE CLIMATE CHANGE EDUCATION PROGRAM CONDUCTED BY AN ELIGIBLE APPLICANT
PURSUANT TO SUBDIVISION FOUR OF THIS SECTION.
2. ESTABLISHMENT OF CLIMATE CHANGE EDUCATION GRANT PROGRAM; GENERAL
COMPONENTS. (A) THERE IS HEREBY ESTABLISHED WITHIN THE AUTHORITY A
CLIMATE CHANGE EDUCATION GRANT PROGRAM. THE PROGRAM SHALL BE ESTABLISHED
BY THE AUTHORITY, IN CONSULTATION WITH THE COMMISSIONER OF EDUCATION.
THE PURPOSE OF THE PROGRAM SHALL BE TO PROVIDE GRANTS TO ELIGIBLE APPLI-
CANTS TO SUPPORT CLIMATE CHANGE EDUCATION GRANT PROGRAMS FOR YOUNG
PEOPLE WHICH PROVIDES THEM WITH TOPICS OF INSTRUCTION IN THE COMPONENTS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13985-01-9
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SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION OR TO PROVIDE GRANTS TO
ELIGIBLE APPLICANTS TO PROVIDE OPTIONAL TEACHER TRAINING OR PROFESSIONAL
DEVELOPMENT PROGRAMS RELEVANT TO THE ADVANCE OF CLIMATE CHANGE LITERACY
OF YOUNG PEOPLE.
(B) IN ORDER FOR AN ELIGIBLE APPLICANT TO RECEIVE AN AWARD OF AN ANNU-
AL GRANT UNDER PARAGRAPH (C) OF THIS SUBDIVISION, THE APPLICANT SHALL
SUBMIT WITH THE APPLICATION THE COMPONENTS OF INSTRUCTION WHICH SHALL BE
OFFERED IN THE APPLICANT'S CLIMATE CHANGE EDUCATION GRANT PROGRAM. THE
APPLICANT SHALL CREATE A CLIMATE CHANGE EDUCATION PROGRAM DESIGNED TO
INCREASE THE CLIMATE LITERACY OF YOUNG PEOPLE BY BROADENING THE UNDER-
STANDING OF CLIMATE CHANGE, INCLUDING POSSIBLE LONG-TERM AND SHORT-TERM
CONSEQUENCES OF CLIMATE CHANGE AND POTENTIAL SOLUTIONS OR CREATE A
PROGRAM DESIGNED TO ASSIST TEACHERS IN THEIR PROFESSIONAL DEVELOPMENT AS
RELATED TO INCREASING THE CLIMATE LITERACY OF YOUNG PEOPLE. THE AUTHORI-
TY MAY DETERMINE CERTAIN COMPONENTS AND TOPICS OF INSTRUCTION THAT SHALL
BE REQUIRED TO BE INCLUDED IN THE CLIMATE CHANGE EDUCATION PROGRAM
OFFERED BY THE APPLICANT. THE AUTHORITY MAY ALSO DETERMINE CERTAIN
COMPONENTS AND TOPICS OF INSTRUCTION THAT SHALL BE OFFERED BY THE APPLI-
CANT IN PROVIDING RELEVANT TRAINING AND PROFESSIONAL DEVELOPMENT TO
TEACHERS.
(C) ANY ELIGIBLE APPLICANT MAY APPLY FOR, AND UPON APPROVAL OF THE
APPLICATION BY THE AUTHORITY, SHALL BE AWARDED AN ANNUAL CLIMATE CHANGE
EDUCATION GRANT PROVIDED THAT THE APPLICANT DEMONSTRATES IN THE GRANT
PROGRAM PLAN SUBMITTED TO THE AUTHORITY THAT:
(I) THE APPLICANT IS CAPABLE OF PROVIDING STUDENTS WITH AN EFFECTIVE
CLIMATE CHANGE EDUCATION PROGRAM THAT SHALL BE MEANINGFUL AND CAPABLE OF
PROVIDING AN EFFECTIVE CLIMATE CHANGE EDUCATION PROGRAM OR THE APPLICANT
IS CAPABLE OF PROVIDING TEACHERS WITH A RELEVANT EFFECTIVE TRAINING OR
PROFESSIONAL DEVELOPMENT PROGRAM AND EITHER PROGRAM SHALL BE CONDUCTED
IN ACCORDANCE WITH THIS SECTION AND ANY REGULATIONS PROMULGATED PURSUANT
TO THIS SECTION; AND
(II) IF SUCH APPLICANT IS A COMMUNITY BASED ORGANIZATION, THAT THE
APPLICANT HAS A PROVEN RECORD AND EXPERIENCE IN CONDUCTING MEANINGFUL
AND SUCCESSFUL CLIMATE CHANGE EDUCATION PROGRAMS, AND THAT THE APPLICANT
IS CAPABLE OF PROVIDING A CLIMATE CHANGE EDUCATION PROGRAM TO A BROAD
BASED SEGMENT OF THE YOUTH POPULATION OR TEACHERS WITH SPECIFIC EMPHASIS
ON TARGETED YOUTHS AND TEACHERS LOCATED IN ENVIRONMENTAL JUSTICE COMMU-
NITIES IN SUCH ORGANIZATION'S SERVICE AREA. THE AUTHORITY MAY SEEK AND
SHALL RECEIVE ANY PERTINENT INFORMATION OR REQUEST AND RECEIVE RECOMMEN-
DATIONS AS TO SUCH COMMUNITY BASED ORGANIZATION'S INTERACTIONS OR PRIOR
DEALINGS WITH ANY OTHER STATE OR LOCAL GOVERNMENTAL ENTITY, INCLUDING,
BUT NOT LIMITED TO, ANY PUBLIC SCHOOL DISTRICT OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES IN MAKING THE DETERMINATION REQUIRED BY THIS PARA-
GRAPH.
(D) ALL MONEYS PROVIDED IN GRANTS UNDER THIS SECTION SHALL BE IN ADDI-
TION TO, AND NOT IN LIEU OF, ANY MONEYS HISTORICALLY APPROPRIATED FOR
THE SAME OR SIMILAR PURPOSES AND SHALL NOT BE USED TO OFFSET OR REDUCE
MONEYS PREVIOUSLY EXPENDED FOR SIMILAR PROGRAMS.
3. CLIMATE CHANGE EDUCATION GRANT PROGRAM AWARDS. (A) WITHIN AMOUNTS
APPROPRIATED THEREFOR, THE AUTHORITY SHALL BE AUTHORIZED TO GRANT AWARDS
FOR THE SUPPORT OF APPROVED CLIMATE CHANGE EDUCATION GRANT PROGRAMS.
(B) GRANTS TO SUPPORT AN APPROVED CLIMATE CHANGE EDUCATION GRANT
PROGRAM SHALL BE AWARDED ON A COMPETITIVE BASIS IN ACCORDANCE WITH
CRITERIA ESTABLISHED BY THE AUTHORITY.
(C) THE AUTHORITY SHALL APPROPRIATE AT LEAST FIFTY PERCENT OF ALL
GRANT MONEY APPROPRIATED FOR THE CLIMATE CHANGE EDUCATION PROGRAM TO
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ELIGIBLE APPLICANTS FOR THE PURPOSES OF INCREASING THE CLIMATE LITERACY
OF YOUNG PEOPLE THROUGH A CLIMATE CHANGE EDUCATION PROGRAM. THE AUTHORI-
TY SHALL APPROPRIATE NO MORE THAN FIFTY PERCENT OF ALL GRANT MONEY
APPROPRIATED TO TEACHER TRAINING OR PROFESSIONAL DEVELOPMENT.
(D) THE DEPARTMENT OF EDUCATION SHALL, FROM WITHIN AMOUNTS APPROPRI-
ATED TO THE DEPARTMENT, UNDERTAKE ALL ACTIVITIES NECESSARY TO PLAN FOR
AND PRELIMINARILY PROVIDE FOR THE TIMELY IMPLEMENTATION OF THE CLIMATE
CHANGE EDUCATION GRANT PROGRAM ESTABLISHED PURSUANT TO THIS SECTION FOR
THE STATE FISCAL YEAR COMMENCING ONE YEAR FOLLOWING THE EFFECTIVE DATE
OF THIS SECTION.
(E) NOT MORE THAN FIVE PERCENT OF ANY AMOUNTS MADE AVAILABLE BY APPRO-
PRIATION IN ANY SINGLE FISCAL YEAR FOR THE CLIMATE CHANGE EDUCATION
GRANT PROGRAM SHALL BE ANNUALLY RETAINED BY THE AUTHORITY FOR THE ADMIN-
ISTRATIVE PURPOSES OF THE DEPARTMENT.
(F) OF THE AMOUNTS MADE AVAILABLE BY APPROPRIATION FOR THE CLIMATE
CHANGE EDUCATION GRANT PROGRAM, NOT MORE THAN FIVE PERCENT OF ANY FUNDS
MADE BY SUCH APPROPRIATION FOR THE STATE FISCAL YEAR COMMENCING THREE
YEARS FOLLOWING THE EFFECTIVE DATE OF THIS SECTION SHALL BE MADE AVAIL-
ABLE FOR PAYMENT TO A NATIONALLY RECOGNIZED AND ACCREDITED ORGANIZATION
WITH EXPERIENCE IN ANALYZING THE EFFICACY AND BENEFITS OF CLIMATE CHANGE
EDUCATION GRANT PROGRAMS FOR PURPOSES OF ENABLING SUCH ORGANIZATION TO
EVALUATE THE TOTALITY OF THE GRANT PROGRAM AND GRANTS AWARDED IN THE TWO
YEARS FOLLOWING THE EFFECTIVE DATE OF THIS SECTION. NOT MORE THAN FOUR
PERCENT OF ANY FUNDS MADE BY SUCH APPROPRIATION FOR THE STATE FISCAL
YEAR COMMENCING FOUR YEARS FOLLOWING THE EFFECTIVE DATE OF THIS SECTION
SHALL BE MADE AVAILABLE FOR PAYMENT TO THE SAME ORGANIZATION WHICH WAS
AWARDED THE INITIAL CONTRACT TO SO ANALYZE THE CLIMATE CHANGE EDUCATION
GRANT PROGRAM FOR THE PURPOSE OF PROVIDING NECESSARY FUNDS TO SUCH
ORGANIZATION TO ANALYZE THE CLIMATE CHANGE EDUCATION GRANT PROGRAM FROM
ITS INCEPTION THROUGH AND INCLUDING ALL THE GRANT YEAR PERIODS AUTHOR-
IZED UNDER THIS SECTION. THE CONTRACT TO BE AWARDED TO SUCH ORGANIZATION
SHALL BE LET ONLY AFTER A REQUEST FOR PROPOSAL HAS BEEN ISSUED BY THE
DEPARTMENT OF EDUCATION IN THE MANNER PROVIDED FOR BY LAW, AND THE AWARD
OF SUCH CONTRACT SHALL BE SUBJECT TO COMPETITIVE BIDDING REQUIREMENTS AS
ALSO REQUIRED BY LAW. THE DEPARTMENT OF EDUCATION SHALL INCLUDE WITHIN
THE REQUEST FOR PROPOSAL DETAILED CRITERIA OF EVALUATION TO BE EMPLOYED
BY THE ORGANIZATION TO BE AWARDED THE BID. THE REQUEST FOR PROPOSAL
SHALL ALSO ALLOW FOR A BIDDING ORGANIZATION TO SUBMIT ADDITIONAL EVALUA-
TIVE CRITERIA THAT MAY BE UTILIZED BY THE ORGANIZATION AWARDED THE BID
IF APPROVED BY THE DEPARTMENT OF EDUCATION. NOTWITHSTANDING ANY INCON-
SISTENT PROVISION OF THIS PARAGRAPH, THE REQUEST FOR PROPOSAL SHALL
INCLUDE A PROVISION AUTHORIZING THE AUTHORITY TO TERMINATE THE AWARDED
CONTRACT TO THE SUCCESSFUL BIDDER WITH RESPECT TO THE CONDUCT OF THE
SECOND EVALUATION OF THE GRANT PROGRAM FOR THE ENTIRE GRANT PERIOD
AUTHORIZED UNDER THIS SECTION IF THE AUTHORITY IS NOT SATISFIED WITH THE
QUALITY OF EFFORT DEMONSTRATED BY SUCH BIDDER IN THE FIRST EVALUATION OF
THE GRANT PROGRAM PERIOD. IN SUCH CASE, A SIMILAR REQUEST FOR PROPOSAL
PROCEDURE SHALL BE UTILIZED FOR THE PURPOSE OF MAKING THE SECOND EVALU-
ATION.
(G) BEGINNING WITH THE SCHOOL YEAR BEGINNING IN JULY TWO YEARS FOLLOW-
ING THE EFFECTIVE DATE OF THIS SECTION AND EVERY SCHOOL YEAR THEREAFTER,
FROM ANY ANNUAL APPROPRIATIONS AND/OR REAPPROPRIATIONS MADE THEREFOR,
THE AUTHORITY SHALL SET ASIDE EIGHTY PERCENT OF THE MONEY SO APPROPRI-
ATED (MINUS ANY AMOUNTS NECESSARY TO PAY ADJUSTMENT EXPENSES PURSUANT TO
PARAGRAPHS (D), (E), AND (F) OF THIS SUBDIVISION) FOR THE PURPOSE OF
AWARDING GRANTS FOR CLIMATE CHANGE EDUCATION GRANT PROGRAM PLANS
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APPROVED BY THE AUTHORITY PURSUANT TO SUBDIVISION FOUR OF THIS SECTION
TO BE CONDUCTED BY PUBLIC SCHOOL DISTRICTS AND/OR BOARDS OF COOPERATIVE
EDUCATIONAL SERVICES INCLUDING THOSE PROGRAMS WHICH ARE GOING TO BE
CONDUCTED IN ACCORDANCE WITH A PROGRAM PLAN PURSUANT TO CONSORTIUMS OR
PARTNERSHIPS FORMED BY A PUBLIC SCHOOL DISTRICT AND/OR BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES AND ONE OR MORE COMMUNITY BASED ORGANIZA-
TIONS. PRIORITY, SUBSTANTIAL CONSIDERATION AND WEIGHT SHALL BE ACCORDED
BY THE AUTHORITY IN THE AWARDING OF GRANTS TO SUCH CONSORTIUMS OR PART-
NERSHIPS. THE AUTHORITY SHALL SET ASIDE TWENTY PERCENT OF ANY APPROPRI-
ATION FOR THE PURPOSE OF AWARDING GRANTS FOR CLIMATE CHANGE EDUCATION
GRANT PROGRAM PLANS APPROVED BY THE AUTHORITY FOR ELIGIBLE APPLICANTS
WHO ARE COMMUNITY BASED ORGANIZATIONS WHICH ARE NOT CONDUCTING SUCH
PROGRAM AS PART OF A CONSORTIUM OR PARTNERSHIP.
4. APPLICATION FOR GRANTS; CLIMATE CHANGE EDUCATION GRANT PROGRAM
PLAN. (A) THE AUTHORITY SHALL ESTABLISH AN APPLICATION PROCEDURE BY
WHICH ELIGIBLE APPLICANTS MAY APPLY FOR A GRANT PURSUANT TO THIS
SECTION, AND THE MANNER AND METHOD INCLUDING SPECIFIED OBJECTIVE CRITE-
RIA CONSISTENT WITH THIS SECTION BY WHICH THE AUTHORITY SHALL DETERMINE
THE ELIGIBILITY OF AN APPLICANT.
(B) THE ELIGIBLE APPLICANT SHALL SUBMIT WITH THE CLIMATE CHANGE EDUCA-
TION GRANT APPLICATION THE APPLICANT'S GRANT PROGRAM PLAN TO THE AUTHOR-
ITY, WHICH SHALL INCLUDE A DETAILED DESCRIPTION OF THE PROPOSED CLIMATE
CHANGE EDUCATION PROGRAM, INCLUDING BUT NOT LIMITED TO:
(I) AN OUTLINE FOR THE CURRICULUM TO BE COVERED IN THE ELIGIBLE APPLI-
CANT'S PROGRAM FOR STUDENTS OR WORKSHOP FOR TEACHERS, INCLUDING INSTRUC-
TIONAL MATERIALS, BOOKS, VIDEOS OR OTHER INSTRUCTIONAL TOOLS TO BE USED
AND THE TRAINING WHICH WILL BE PROVIDED TO TEACHERS, PERSONNEL AND
VOLUNTEERS WHO WILL CONDUCT THE PROGRAM;
(II) ANY SPECIAL OR UNUSUAL OR INNOVATIVE SERVICES, PROGRAMS OR EDUCA-
TION METHODS TO BE UTILIZED INCLUDING SPECIAL TECHNOLOGY OR SCIENTIFIC
METHODS;
(III) THE NUMBER AND TYPES OF TEACHING OR OTHER PERSONNEL TO BE
EMPLOYED, OR VOLUNTEERS TO BE USED, TOGETHER WITH THEIR PROFESSIONAL OR
ACADEMIC CREDENTIALS;
(IV) THE GEOGRAPHIC AREA IN WHICH THE PROPOSED PROGRAM WILL BE OFFERED
ALONG WITH AN ESTIMATE OF THE NUMBER OF STUDENTS OR TEACHERS WHO THE
APPLICANT ESTIMATES WILL PARTICIPATE IN SUCH A PROGRAM AND IF THE
GEOGRAPHIC AREA IS LOCATED IN AN ENVIRONMENTAL JUSTICE COMMUNITY;
(V) A DEMONSTRATION THAT THE PROPOSED PROGRAM IS ADEQUATE IN TERMS OF
COURSE LENGTH;
(VI) SPECIAL TRAINING OR PROFESSIONAL DEVELOPMENT SERVICES OFFERED FOR
TEACHERS IF RELEVANT; AND
(VII) ANY OTHER INFORMATION THE AUTHORITY MAY REQUEST.
5. MAINTENANCE OF EFFORT. ANY MONEYS MADE AVAILABLE TO AN ELIGIBLE
APPLICANT SHALL NOT BE USED TO OFFSET OR REDUCE THE AMOUNT OF MONEYS
PREVIOUSLY EXPENDED FOR THE SAME OR SIMILAR PROGRAMS IN A PRIOR YEAR,
BUT SHALL BE USED TO SUPPLEMENT ANY PRIOR YEARS' EXPENDITURES. NO ELIGI-
BLE APPLICANT SHALL REDUCE ANY SUBSEQUENT YEARS' EXPENDITURES FOR THE
SAME OR SIMILAR PROGRAMS AS A RESULT OF RECEIVING ANY GRANT, OR INCREASE
IN THE AMOUNT OF ANY PRIOR AWARDED GRANT, PURSUANT TO THIS SECTION.
6. ANNUAL REPORTS BY GRANT RECIPIENTS. (A) EVERY ELIGIBLE APPLICANT
THAT HAS BEEN AWARDED A GRANT UNDER THIS SECTION SHALL FILE AN ANNUAL
REPORT WITH THE AUTHORITY, IN SUCH FORM AND WITH SUCH DATA AS THE
AUTHORITY PRESCRIBES DETAILING THE EXPENDITURE OF GRANT FUNDS, TOGETHER
WITH AN ANALYSIS OF THE CLIMATE CHANGE EDUCATION GRANT PROGRAM IT
CONDUCTED.
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(B) THE AUTHORITY SHALL ON OR BEFORE FEBRUARY FIRST IN EACH YEAR,
SUBMIT A REPORT ON THE PROGRAM TO THE GOVERNOR, THE TEMPORARY PRESIDENT
OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY CONTAINING HIS OR HER
FINDINGS AND RECOMMENDATIONS. IN THE REPORT SUBMITTED IN THE FOURTH YEAR
AND THE SIXTH YEAR FOLLOWING THE EFFECTIVE DATE OF THIS SECTION RESPEC-
TIVELY, THE AUTHORITY SHALL ALSO INCLUDE THE EVALUATION OF THE PROGRAM
AS PRESENTED BY THE ACCREDITED ORGANIZATION IN ACCORDANCE WITH SUBDIVI-
SION THREE OF THIS SECTION.
7. NOTIFICATION TO POTENTIAL APPLICANTS. THE AUTHORITY SHALL SEND, IN
A TIMELY MANNER, EVERY PUBLIC SCHOOL DISTRICT AND BOARD OF COOPERATIVE
EDUCATIONAL SERVICES AND EVERY REQUESTING COMMUNITY BASED ORGANIZATION A
COPY OF THIS SECTION AND GENERAL INFORMATION RELATING TO THE CLIMATE
CHANGE EDUCATION GRANT PROGRAM AND THE APPLICATION PROCESS THEREFOR.
8. REGULATIONS. THE AUTHORITY SHALL PROMULGATE RULES AND REGULATIONS
AS SHALL BE REASONABLY NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS
SECTION.
§ 3. Section 305 of the education law is amended by adding a new
subdivision 59 to read as follows:
59. THE COMMISSIONER SHALL COOPERATE WITH THE PRESIDENT OF THE NEW
YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY IN ESTABLISHING A
CLIMATE CHANGE EDUCATION GRANT PROGRAM AS DESCRIBED IN SECTION EIGHTEEN
HUNDRED EIGHTY-FOUR OF THE PUBLIC AUTHORITIES LAW.
§ 4. Severability. If any clause, sentence, paragraph, subdivision or
section of this act shall be adjudged by any court of competent juris-
diction to be invalid and after exhaustion of all further judicial
review, the judgment shall not affect, impair or invalidate the remain-
der thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision or section of this act directly
involved in the controversy in which the judgment shall have been
rendered.
§ 5. This act shall take effect immediately.