| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 08, 2020 |
referred to environmental conservation |
| Feb 11, 2019 |
referred to environmental conservation |
Find your Senator and share your views on important issues.
Senate Bill S3616
2019-2020 Legislative Session
Enacts the climate and community investment act
download bill text pdfSponsored By
(D, WF) 21st Senate District
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
Actions
co-Sponsors
(D, WF) Senate District
(D) Senate District
(D) 10th Senate District
2019-S3616 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9856
- Current Committee:
- Senate Environmental Conservation
- Law Section:
- Environmental Conservation Law
- Laws Affected:
- Add Art 19 Title 13 §§19-1301 - 19-1313, Art 74 §§74-0101 - 74-0103, En Con L; add Art 8-B §228, Art 25-D §§863 - 863-g, Lab L; add Art 8 Title 9-B §§1901 - 1922, Pub Auth L; add Art 42 §§3039 - 3047, Art 43 §§3050 - 3058, Tax L
- Versions Introduced in Other Legislative Sessions:
-
2017-2018:
S7645
2021-2022: S4264
2023-2024: S7905
2025-2026: S3346
2019-S3616 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3616
SPONSOR: PARKER
TITLE OF BILL: An act to amend the environmental conservation law,
the labor law, the public authorities law and the tax law, in relation
to enacting the climate and community investment act
PURPOSE OR GENERAL IDEA OF BILL:
Enacts the climate and community investment act. This act seeks to tran-
sition NY to 100% renewable energy, create hundreds of thousands of
jobs, protect workers currently in the fossil fuel industry and support
the communities most impacted by climate change and pollution.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill establishes that the bill shall be cited as the
Climate and Community Investment Act.
Section 2 of the bill establishes legislative findings that climate
change is adversely affecting economic well-being, public health,
natural resources, and the environment of New York; and actions under- taken by New York to reduce greenhouse gas emissions will have an impact on the global greenhouse gas emission and the rate of climate change. Section 3 of the bill amends article 19 of the environmental conserva- tion law to add a new title 13 addressing air pollution pricing regard- ing methodology, and air pollutant price index, implementation of fees, allocation of revenues, inventory, transportation pollution and report- ing Section 4 of the bill amends the environmental conservation law to add article 74 which establishes a climate change working group Section 5 of the bill amends the labor law by adding article 8-b which establishes the labor and job standards and worker protection Section 6 of this bill amends the labor law adding article 25d which establishes the climate change just transition for impacted workers and community assurance Section 7 of this bill amends the public authorities law by adding a new title 9 b which establishes the climate change just transition Section 8 of this bill amends the tax law by adding articles 42 and 43 which establishes the climate pollution fee Section 9 of this bill establishes a severability clause Section 10 of this bill sets the effective date JUSTIFICATION: It is paramount that New York accelerates its transition from fossil fuels to clean renewable energy, ensuring that our families breathe clean air and our economy works for all. We need to protect our fami- lies', health, create good local jobs, and invest in clean energy solutions by finally making big polluters pay for the emissions they are dumping into our atmosphere, which makes our communities sick and dangerously destabilizes our climate. To reach 100% clean renewable energy we must place direct investments to local and regional efforts across New York State to stimulate further emissions reductions and expand clean renewable and efficient energy infrastructure. We have to invest in our communities that have suffered from exposure to years of harmful emissions and economic divestment, and those on the frontlines of climate impacts like extreme heat, rising sea levels, drought, super storms and extreme flooding. By setting a price for Greenhouse Gas emissions and co-pollutants that threaten our health corporate polluters will be incentivized to reduce their greenhouse gas emissions and instead invest in cleaner technolo- gies and energy sources. Generating significant revenue to foster commu- nities abilities to forge their own ways in the new clean energy econo- my, helping them address local needs for energy and employment. As our energy systems change, with the closure of older plants and the scaling back of other sources of pollution it is imperative that we protect our workers as well as their host communities. It is vital that we provide support for local schools, government operations, economic development, ensuring pension payments, helping workers through support services and an income guarantee. PRIOR LEGISLATION: 2017/2018: S7645 - Referred to Environmental Conservation FISCAL IMPLICATIONS: Undetermined. EFFECTIVE DATE: This act shall take effect one year after enactment.
2019-S3616 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
3616
2019-2020 Regular Sessions
I N S E N A T E
February 11, 2019
___________
Introduced by Sens. PARKER, SANDERS -- 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, the labor law, the
public authorities law and the tax law, in relation to enacting the
climate and community investment act
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 "climate and community investment act".
§ 2. Legislative findings and declaration. The legislature finds and
declares that:
1. Climate change is adversely affecting economic well-being, public
health, natural resources, and the environment of New York. The adverse
impacts of climate change include:
(a) an increase in the severity and frequency of extreme weather
events, such as storms, flooding, and heat waves, which can cause direct
injury or death, property damage, and ecological damage (e.g., through
the release of hazardous substances into the environment);
(b) rising sea levels, which exacerbate damage from storm surges and
flooding, contribute to coastal erosion and saltwater intrusion, and
inundate low-lying areas, leading to the displacement of or damage to
coastal habitat, property, and infrastructure;
(c) a decline in freshwater and saltwater fish populations;
(d) increased average temperatures, which increase the demand for air
conditioning and refrigeration among residents and businesses;
(e) exacerbation of air pollution; and
(f) an increase in the incidences of infectious diseases, asthma
attacks, heart attacks, and other negative health outcomes.
2. The adverse impacts of climate change are having a detrimental
effect on some of New York's largest industries, including agriculture,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09816-01-9
S. 3616 2
commercial shipping, forestry, tourism, and recreational and commercial
fishing. These impacts also place additional strain on the physical
infrastructure that delivers critical services to the citizens of New
York, including the state's energy, transportation, stormwater, and
wastewater infrastructure.
3. (a) The severity of current climate change and the threat of addi-
tional and more severe change will be affected by the actions undertaken
by New York and other jurisdictions to reduce greenhouse gas emissions.
According to the U.S. Global Change Research Program (USGCRP) and the
Intergovernmental Panel on Climate Change (IPCC), substantial reductions
in greenhouse gas emissions will be required by mid-century in order to
limit global warming to no more than 2°C and ideally 1.5°C, and thus
minimize the risk of severe impacts from climate change. Specifically,
industrialized countries must reduce their greenhouse gas emissions by
at least 80% below 1990 levels by 2050 in order to stabilize carbon
dioxide equivalent concentrations at 450 parts per million--the level
required to stay within the 2°C target.
(b) On December 12, 2015, one hundred ninety-five countries at the
21st Conference of the parties of the United Nations Framework Conven-
tion on Climate Change adopted an agreement addressing greenhouse gas
emissions mitigation, adaptation, and finance starting in the year 2020,
known as the Paris Agreement. The Paris Agreement was adopted on Novem-
ber 4, 2016, and is the largest concerted global effort to combat
climate change to date.
4. Action undertaken by New York to reduce greenhouse emissions will
have an impact on global greenhouse gas emissions and the rate of
climate change. In addition, such action will encourage other jurisdic-
tions to implement complementary greenhouse gas reduction strategies and
provide an example of how such strategies can be implemented. It will
also advance the development of green technologies and sustainable prac-
tices within the private sector, which can have far-reaching impacts
such as a reduction in the cost of renewable energy components, and the
creation of jobs and tax revenues in New York.
5. It shall therefore be a goal of the state of New York to reduce
greenhouse gas emissions from all anthropogenic sources 100% by the year
2050, with an incremental target of at least a 50 percent reduction in
climate pollution by the year 2030, in line with USGCRP and IPCC projec-
tions of what is necessary to avoid the most severe impacts of climate
change.
6. Although substantial emissions reductions are necessary to avoid
the most severe impacts of climate change, complementary adaptation
measures will also be needed to address those risks that cannot be
avoided. Some of the impacts of climate change are already observable in
New York state and the northeastern United States. Annual average
temperatures are on the rise, winter snow cover is decreasing, heat
waves and precipitation are intensifying, and sea levels along New
York's coastline are approximately one foot higher than they were in
1900. New York has also experienced an increasing number of extreme and
unusual weather events, like Hurricanes Irene and Lee and the
unprecedented Superstorm Sandy in 2012, which caused at least 53 deaths
and $32 billion in damage in New York state.
7. New York should therefore minimize the risks associated with
climate change through a combination of measures to reduce statewide
greenhouse gas emissions and improve the resiliency of the state with
respect to the impacts and risks of climate change that cannot be
avoided.
S. 3616 3
8. Climate change especially heightens the vulnerability of disadvan-
taged communities, which bear environmental and socioeconomic burdens as
well as legacies of racial and ethnic discrimination. Actions undertaken
by New York state to mitigate greenhouse gas emissions should prioritize
the safety and health of disadvantaged communities, control potential
regressive impacts of future climate change mitigation and adaptation
policies on these communities, and prioritize the allocation of public
investments in these areas.
9. Creating good jobs and a thriving economy is a core concern of New
York state. Shaping the ongoing transition in our energy sector to
ensure that it creates good jobs and protects workers and communities
that may lose employment in the current transition must be key concerns
of our climate policy. Setting clear standards for job quality and
training standards encourages not only high-quality work but positive
economic impacts.
10. Workers are at the frontlines of climate change. Construction
workers and building service workers were some of the first workers
dedicated to cleaning up damage inflicted by recent storms. These work-
ers were often operating in unsafe and toxic environments, cleaning up
mold, and working in unstable buildings. In order to protect the health
and welfare of these workers, it is in the interest of the state of New
York to establish safe and healthy working conditions and proper train-
ing for workers involved in climate change related activities. In addi-
tion, much of the infrastructure work preparing our state for additional
climate change events must happen quickly and efficiently. It is in the
interest of the state to ensure labor harmony and promote efficient
performance of work on climate change related work sites by requiring
workers to be well-trained and adequately compensated.
11. Ensuring career opportunities are created and shared geograph-
ically and demographically is necessary to ensure increased access to
good jobs for marginalized communities while making the same neighbor-
hoods more resilient. Climate change has a disproportionate impact on
low-income people, women, and workers. It is in the interest of the
state of New York to protect and promote the interests of these groups
against the impacts of climate change and severe weather events and to
advance our equity goals by ensuring quality employment opportunities in
safe working environments.
12. The complexity of the ongoing energy transition, the uneven
distribution of economic opportunity, and the disproportionate cumula-
tive economic and environmental burdens on communities mean that there
is a strong state interest in setting a floor statewide for labor stand-
ards, but allowing and encouraging individual agencies and local govern-
ments to raise standards above that floor.
13. By exercising a global leadership role on greenhouse gas miti-
gation and climate change adaptation, New York will position its econo-
my, technology centers, financial institutions, and businesses to bene-
fit from national and international efforts to address climate change.
New York state has already demonstrated leadership in this area by
undertaking efforts such as:
(a) executive order no. 24 (2009), establishing a goal to reduce
greenhouse gas emissions 80% by the year 2050, creating a climate action
council, and calling for preparation of a climate action plan;
(b) chapter 433 of the laws of 2009, establishing a state energy plan-
ning board and requiring the board to adopt a state energy plan;
(c) chapter 388 of the laws of 2011, directing the department of envi-
ronmental conservation to promulgate rules and regulations limiting
S. 3616 4
emissions of carbon dioxide by newly constructed major generating facil-
ities;
(d) the adoption of a state energy plan establishing clean energy
goals for the year 2030 aimed at reducing greenhouse gas emission levels
by 40% from 1990 levels, producing 50% of electricity from renewable
sources, and increasing energy efficiency from 2012 levels by 23%;
(e) collaboration with other states on the Regional Greenhouse Gas
Initiative, and the development of a regional low carbon fuel standard;
(f) creation of new offices and task forces to address climate change,
including the New York state office of climate change, the renewable
energy task force, and the sea level rise task force; and
(g) the enactment of the Community Risk and Resiliency Act (CRRA),
which requires agencies to consider sea level rise and other climate-re-
lated events when implementing certain state programs.
This legislation will build upon these past developments by creating a
comprehensive program for pricing greenhouse gas emissions and investing
in a just transition to a low-carbon New York state economy, in accord-
ance with the targets established in executive order no. 24, the state
energy plan, and USGCRP and IPCC projections.
§ 3. Article 19 of the environmental conservation law is amended by
adding a new title 13 to read as follows:
TITLE 13
AIR POLLUTION PRICING
SECTION 19-1301. DEFINITIONS.
19-1303. METHODOLOGY AND AIR POLLUTANT PRICE INDEX.
19-1305. IMPLEMENTATION OF FEES.
19-1307. ALLOCATION OF REVENUES.
19-1309. INVENTORY.
19-1311. TRANSPORTATION POLLUTION.
19-1313. REPORTING.
§ 19-1301. DEFINITIONS.
FOR THE PURPOSES OF THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
1. "THE ACT" SHALL HAVE THE SAME MEANING AS IN SUBDIVISION 8 OF
SECTION 19-0107 OF THIS ARTICLE.
2. "COVERED SOURCES" MEANS THOSE SOURCES OF REGULATED AIR CONTAMINANTS
REQUIRED TO HAVE A PERMIT UNDER TITLE V OF THE ACT (42 U.S.C. SECTION
7661 ET SEQ).
3. "CUMULATIVE BURDENS" MEAN THE ADVERSE HEALTH IMPACTS THAT ACCRUE TO
INDIVIDUALS AND POPULATION GROUPS AS A RESULT OF EXPOSURE TO POLLUTION
OVER TIME, AND AS A RESULT OF EXPOSURE TO MULTIPLE FORMS OF POLLUTION
AND OTHER RISK FACTORS, INCLUDING POVERTY, VIOLENCE, AND SUBSTANCE
ABUSE.
4. "DISADVANTAGED COMMUNITIES" SHALL HAVE THE SAME MEANING AS IN
SUBDIVISION 3 OF SECTION 74-0101 OF THIS CHAPTER.
5. "DOWNSTATE REGION" MEANS THE COUNTIES OF RICHMOND, KINGS, QUEENS,
NEW YORK, BRONX, WESTCHESTER, NASSAU AND SUFFOLK.
6. "EMISSIONS HOTSPOT" MEANS A LOCATION WHERE EMISSIONS OF REGULATED
AIR CONTAMINANTS FROM SPECIFIC SOURCES MAY EXPOSE INDIVIDUALS AND POPU-
LATION GROUPS TO ELEVATED RISKS OF ADVERSE HEALTH EFFECTS AND MAY
CONTRIBUTE TO THE CUMULATIVE HEALTH RISKS OF EMISSIONS FROM OTHER SOURC-
ES IN THE AREA.
7. "EMISSIONS LEAKAGE" MEANS AN INCREASE IN EMISSIONS OUTSIDE OF THE
STATE, AS A RESULT OF, OR IN CORRELATION WITH, THE IMPLEMENTATION OF
MEASURES WITHIN THE STATE TO LIMIT SUCH EMISSIONS.
S. 3616 5
8. "GREENHOUSE GAS" MEANS CARBON DIOXIDE, METHANE, NITROUS OXIDE,
HYDROFLUOROCARBONS, PERFLUOROCARBONS, SULFUR HEXAFLUORIDE, AND ANY OTHER
SUBSTANCE EMITTED INTO THE AIR THAT MAY BE REASONABLY ANTICIPATED TO
CAUSE OR CONTRIBUTE TO ANTHROPOGENIC CLIMATE CHANGE, WITH THE EXCEPTION
OF AGRICULTURAL EMISSIONS FROM LIVESTOCK.
9. "REGULATED AIR CONTAMINANT" SHALL HAVE THE SAME MEANING AS IN
SUBDIVISION 22 OF SECTION 19-0107 OF THIS ARTICLE.
10. "SOCIAL COST OF POLLUTION" MEANS THE COST TO NEW YORK RESIDENTS OF
EMITTING ONE TON, OR ANOTHER UNIT OF MEASUREMENT DEEMED APPROPRIATE BY
THE COMMISSIONER, OF A GIVEN REGULATED AIR CONTAMINANT.
11. "UPSTATE REGION" MEANS ALL NEW YORK STATE COUNTIES OTHER THAN
NASSAU, SUFFOLK, RICHMOND, KINGS, QUEENS, NEW YORK, BRONX AND WESTCHES-
TER.
12. "WORKING GROUP" MEANS THE CLIMATE JUSTICE WORKING GROUP ESTAB-
LISHED UNDER SECTION 74-0103 OF THIS CHAPTER.
§ 19-1303. METHODOLOGY AND AIR POLLUTANT PRICE INDEX.
1. NOT LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS TITLE, THE
COMMISSIONER SHALL PUBLISH AN INDEX THAT LISTS THE SOCIAL COST OF
POLLUTION FOR ALL REGULATED AIR CONTAMINANTS, OR APPROPRIATE SUB-GROUP-
ING THEREOF. AT THE SAME TIME, THE COMMISSIONER SHALL PUBLISH A METHOD-
OLOGY FOR DETERMINING THE SOCIAL COST OF POLLUTION FOR EACH REGULATED
AIR CONTAMINANT, OR APPROPRIATE SUB-GROUPING THEREOF. IN DETERMINING THE
SOCIAL COST OF POLLUTION FOR A GIVEN REGULATED AIR CONTAMINANT, THE
COMMISSIONER SHALL CONSIDER, AT A MINIMUM:
(A) PUBLIC HEALTH IMPACTS, INCLUDING: LOSS OF LIFE, LOSS OF WELFARE,
EMPLOYMENT IMPACTS AND OTHER PUBLIC HEALTH IMPACTS;
(B) IMPACTS TO PUBLIC AND PRIVATE PROPERTY, INCLUDING AGRICULTURAL
PROPERTY;
(C) IMPACTS TO ECOSYSTEMS AND THE ABILITY OF ECOSYSTEMS TO PROVIDE
ECOSYSTEM SERVICES; AND
(D) THE FULL LIFE-CYCLE OF IMPACTS.
2. IF THE COMMISSIONER DEMONSTRATES THAT IT IS NOT ADMINISTRATIVELY
FEASIBLE IN THE TIME ALLOTTED IN SUBDIVISION 1 OF THIS SECTION TO
COMPLETE A METHODOLOGY FOR EACH INDIVIDUAL REGULATED AIR CONTAMINANT, OR
APPROPRIATE SUB-GROUPING THEREOF, THEN THE COMMISSIONER MAY DELAY THE
COMPLETION OF METHODOLOGIES FOR SOME PORTION OF REGULATED AIR CONTAM-
INANTS FOR FUTURE RULE-MAKINGS, PROVIDED THAT:
(A) IN THE FIRST PUBLICATION OF SUCH METHODOLOGIES, THE COMMISSIONER
COMPLETES A METHODOLOGY, PURSUANT TO SUBDIVISION 1 OF THIS SECTION, FOR
EACH OF THE FOLLOWING POLLUTANTS:
(I) OXIDES OF NITROGEN;
(II) VOLATILE ORGANIC COMPOUNDS;
(III) SULFUR DIOXIDE;
(IV) PARTICULATE MATTER;
(V) CARBON MONOXIDE; AND
(VI) LEAD;
(B) IN THE FIRST PUBLICATION OF SUCH METHODOLOGIES, THE COMMISSIONER
COMPLETES A METHODOLOGY, PURSUANT TO SUBDIVISION 1 OF THIS SECTION, FOR
EACH OF THE AIR CONTAMINANTS LISTED UNDER SECTION 112 OF THE ACT (42 USC
SECTION 7412) THAT THE COMMISSIONER FINDS TO BE MOST DAMAGING TO PUBLIC
HEALTH IN NEW YORK, OF ALL AIR CONTAMINANTS LISTED UNDER SUCH SECTION;
(C) THE COMMISSIONER DEMONSTRATES AND PUBLISHES, ALONG WITH THE PUBLI-
CATION OF METHODOLOGIES DESCRIBED UNDER SUBDIVISION 1 OF THIS SECTION, A
DESCRIPTION OF WHY IT IS NOT ADMINISTRATIVELY FEASIBLE IN THE TIME
ALLOTTED IN SUBDIVISION 1 OF THIS SECTION TO COMPLETE A METHODOLOGY, FOR
S. 3616 6
EACH INDIVIDUAL REGULATED AIR CONTAMINANT, OR APPROPRIATE SUB-GROUPING
THEREOF; AND
(D) THE COMMISSIONER SUBSEQUENTLY PUBLISHES AT LEAST FIVE ADDITIONAL
METHODOLOGIES PER YEAR, UNTIL THAT DATE WHEN EACH REGULATED AIR CONTAM-
INANT, OR APPROPRIATE SUB-GROUPING THEREOF, HAS A COMPLETE METHODOLOGY
ASCRIBED TO IT.
§ 19-1305. IMPLEMENTATION OF FEES.
1. NOT LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS TITLE,
THE COMMISSIONER SHALL INSTITUTE A SYSTEM OF COMPLIANCE FEES THAT
REFLECT THE INDEX ESTABLISHED UNDER SECTION 19-1303 OF THIS TITLE. ALL
COVERED SOURCES SHALL BE REQUIRED TO PAY THE FEE FOR EACH REGULATED AIR
CONTAMINANT EMITTED.
2. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF THE STATE ADMINIS-
TRATIVE PROCEDURE ACT, SUCH FEE SHALL BE ESTABLISHED AS A RULE BY PUBLI-
CATION IN THE ENVIRONMENTAL NOTICE BULLETIN NO LATER THAN THIRTY DAYS
AFTER THE BUDGET BILLS MAKING APPROPRIATIONS FOR THE SUPPORT OF GOVERN-
MENT ARE ENACTED OR JULY FIRST, WHICHEVER IS LATER, OF THE YEAR SUCH FEE
WILL BE EFFECTIVE.
3. BILLS ISSUED FOR THE FEE SHALL BE BASED ON ACTUAL EMISSIONS FOR THE
PRIOR CALENDAR YEAR, AS DEMONSTRATED TO THE DEPARTMENT'S SATISFACTION,
OR IN THE ABSENCE OF SUCH DEMONSTRATION, ON PERMITTED EMISSIONS, OR,
WHERE THERE IS NO APPLICABLE PERMIT, ON POTENTIAL TO EMIT. PERSONS
REQUIRED TO SUBMIT AN EMISSIONS STATEMENT TO THE DEPARTMENT SHALL USE
SUCH STATEMENT TO DEMONSTRATE ACTUAL EMISSIONS UNDER THIS SECTION.
4. ANY PERSON REQUIRED TO PAY FEES IMPOSED PURSUANT TO THIS SECTION
MAY ELECT TO BASE SUCH FEES ON THE LEVEL OF PERMITTED EMISSIONS SET
FORTH IN A PERMIT, CERTIFICATE OR APPROVAL ISSUED PURSUANT TO SECTION
19-0311 OF THIS ARTICLE.
5. IF A CITY OR COUNTY IS DELEGATED THE AUTHORITY TO ADMINISTER THE
OPERATING PERMIT PROGRAM ESTABLISHED PURSUANT TO SECTION 19-0311 OF THIS
ARTICLE, IT MAY COLLECT THE FEES ESTABLISHED PURSUANT TO THIS SECTION
AND NO ADDITIONAL LIABILITY FOR FEES UNDER THIS SECTION SHALL ACCRUE FOR
ANY SUCH SOURCE.
§ 19-1307. ALLOCATION OF REVENUES.
1. THE COMMISSIONER SHALL ESTABLISH A TRUST FUND TO BE KNOWN AS THE
"AIR POLLUTION PRICING FUND", CONSISTING OF SUCH AMOUNTS AS MAY BE
APPROPRIATED OR CREDITED TO SUCH FUND AS PROVIDED IN THIS SECTION.
2. (A) THERE IS HEREBY APPROPRIATED TO THE AIR POLLUTION PRICING FUND
FOR EACH FISCAL YEAR FOLLOWING THE EFFECTIVE DATE OF THIS TITLE, THE
TOTAL AMOUNT OF FEES RECEIVED UNDER THIS TITLE DURING SUCH YEAR, AND
SUCH AMOUNTS SHALL BE ALLOCATED ACCORDINGLY:
(I) FORTY PERCENT OF FUNDS SHALL GO TO THE ENVIRONMENTAL JUSTICE
OFFICE OF THE DEPARTMENT;
(II) TWENTY PERCENT OF FUNDS SHALL GO TO IMPROVING AND MAINTAINING THE
NEW YORK STATE TITLE V EMISSIONS INVENTORY;
(III) TWENTY PERCENT OF FUNDS SHALL GO TO IMPROVING AIR QUALITY MONI-
TORING, INCLUDING AMBIENT AIR QUALITY MONITORING AND POINT SOURCE MONI-
TORING; AND
(IV) TWENTY PERCENT OF FUNDS SHALL BE ALLOCATED AT THE DISCRETION OF
THE COMMISSIONER, BASED ON THE NEEDS OF THE DEPARTMENT.
(B) THE AIR POLLUTION PRICING FUND SHALL BE ADMINISTERED BY THE
COMMISSIONER.
§ 19-1309. INVENTORY.
NOT LATER THAN EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE OF THIS TITLE,
THE COMMISSIONER SHALL UPDATE AND PUBLISH THE INVENTORY OF EMISSIONS
FROM TITLE V SOURCES TO:
S. 3616 7
1. ASSESS THE EXTENT TO WHICH GIVEN REGULATED AIR CONTAMINANTS, ESPE-
CIALLY AIR CONTAMINANTS THAT HAVE HIGHLY ADVERSE HEALTH IMPACTS, ARE
CO-EMITTED WITH GREENHOUSE GAS EMISSIONS;
2. ASSESS THE EXTENT TO WHICH REGULATED AIR CONTAMINANTS THAT HAVE
ESPECIALLY ADVERSE HEALTH IMPACTS ARE LIKELY TO BE REDUCED OVER TIME AS
A RESULT OF:
(A) THE FEE ESTABLISHED IN SECTION 3040 OF THE TAX LAW; AND
(B) THE INVESTMENT PROGRAMS ESTABLISHED IN TITLE 9-B OF ARTICLE 8 OF
THE PUBLIC AUTHORITIES LAW;
3. IDENTIFY AND ANALYZE EMISSIONS HOTSPOTS AND CUMULATIVE BURDENS,
PERTAINING TO REGULATED AIR CONTAMINANTS IN ORDER TO PRIORITIZE EMIS-
SIONS REDUCTIONS IN THESE AREAS;
4. ASSESS EMISSIONS AND POLLUTION-RELATED HEALTH IMPACTS ASSOCIATED
WITH THE TRANSPORTATION SECTOR; AND
5. MAKE THE TITLE V EMISSIONS INVENTORY MORE ACCESSIBLE TO THE PUBLIC.
§ 19-1311. TRANSPORTATION POLLUTION.
1. NOT LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS TITLE, THE
COMMISSIONER SHALL PREPARE AND APPROVE A SCOPING PLAN OUTLINING THE
DEPARTMENT'S RECOMMENDATIONS FOR ACCELERATING THE REDUCTION OF REGULATED
AIR CONTAMINANTS FROM MOBILE SOURCES.
2. THE DRAFT SCOPING PLAN SHALL BE DEVELOPED IN CONSULTATION WITH THE
WORKING GROUP AND OTHER STAKEHOLDERS.
(A) THE DEPARTMENT SHALL PROVIDE MEANINGFUL OPPORTUNITIES FOR PUBLIC
COMMENT FROM ALL PERSONS WHO WILL BE IMPACTED BY THE PLAN, INCLUDING
PERSONS LIVING IN DISADVANTAGED COMMUNITIES.
(B) ON OR BEFORE ONE YEAR AFTER THE EFFECTIVE DATE OF THIS TITLE, THE
DEPARTMENT SHALL SUBMIT THE FINAL SCOPING PLAN TO THE GOVERNOR, THE
SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE AND
POST SUCH PLAN ON ITS WEBSITE.
3. THE MEASURES AND ACTIONS CONSIDERED IN SUCH SCOPING PLAN SHALL AT A
MINIMUM INCLUDE:
(A) PERFORMANCE-BASED STANDARDS FOR MOBILE SOURCES OF REGULATED AIR
CONTAMINANTS;
(B) MARKET-BASED MECHANISMS TO REDUCE EMISSIONS FROM MOBILE SOURCES,
INCLUDING:
(I) THE IMPOSITION OF FEES PER UNIT OF REGULATED AIR CONTAMINANT;
(II) A ZONED SURCHARGE SYSTEM ON TRUCKING AND PORTS; AND
(III) CONGESTION PRICING;
(C) THE CREATION OF LOW EMISSION ZONES AND THE POLICIES TO PROMOTE
ZERO-EMISSION AND LOW-EMISSION TRANSPORTATION OPTIONS, INCLUDING THE
ELECTRIFICATION OF PORT FACILITIES AND FREIGHT TRANSPORTATION; AND
(D) LAND-USE AND TRANSPORTATION PLANNING MEASURES AIMED AT REDUCING
EMISSIONS FROM MOBILE SOURCES.
4. NO LATER THAN THREE YEARS AFTER THE EFFECTIVE DATE OF THIS TITLE,
THE DEPARTMENT, AFTER PUBLIC WORKSHOPS AND CONSULTATION WITH THE WORKING
GROUP, REPRESENTATIVES OF REGULATED ENTITIES, AND OTHER STAKEHOLDERS,
AND NOT LESS THAN TWO PUBLIC HEARINGS, SHALL PROMULGATE RULES AND REGU-
LATIONS TO ACCELERATE THE REDUCTION OF REGULATED AIR CONTAMINANTS FROM
MOBILE SOURCES.
(A) THE REGULATIONS PROMULGATED BY THE DEPARTMENT PURSUANT TO THIS
SUBDIVISION MAY INCLUDE LEGALLY ENFORCEABLE EMISSIONS LIMITS, PERFORM-
ANCE STANDARDS, MARKET-BASED MECHANISMS OR MEASURES OR OTHER REQUIRE-
MENTS TO CONTROL REGULATED AIR CONTAMINANT EMISSIONS FROM MOBILE SOURC-
ES. THE COMMISSIONER IS HEREBY AUTHORIZED TO ESTABLISH ANY SUCH POLICIES
PURSUANT TO THIS SECTION.
(B) IN PROMULGATING THESE REGULATIONS, THE DEPARTMENT SHALL:
S. 3616 8
(I) DESIGN AND IMPLEMENT ALL REGULATIONS IN A MANNER THAT SEEKS TO BE
EQUITABLE, TO MINIMIZE COSTS AND TO MAXIMIZE THE TOTAL BENEFITS TO THE
STATE;
(II) ENSURE THAT EMISSIONS REDUCTIONS ACHIEVED ARE REAL, QUANTIFIABLE,
VERIFIABLE, AND ENFORCEABLE BY THE DEPARTMENT;
(III) ENSURE THAT ACTIVITIES UNDERTAKEN TO COMPLY WITH THE REGULATIONS
DO NOT DISPROPORTIONATELY BURDEN DISADVANTAGED COMMUNITIES;
(IV) PRIORITIZE MEASURES TO MAXIMIZE NET REDUCTIONS OF EMISSIONS IN
DISADVANTAGED COMMUNITIES;
(V) PRIORITIZE MEASURES THAT ENCOURAGE EARLY ACTION TO REDUCE EMIS-
SIONS; AND
(VI) MINIMIZE EMISSIONS LEAKAGE.
5. IF ANY OF THE POLICIES IMPLEMENTED BY THE DEPARTMENT PURSUANT TO
THIS SECTION GENERATE STATE REVENUE, THE DEPARTMENT SHALL ENSURE THAT,
AT A MINIMUM, FORTY PERCENT OF ANY FUNDS COLLECTED ARE INVESTED IN A
MANNER WHICH WILL BENEFIT DISADVANTAGED COMMUNITIES, CONSISTENT WITH THE
PURPOSES OF THIS TITLE. THE DEPARTMENT SHALL CONSULT WITH THE WORKING
GROUP IN DEVELOPING AND CARRYING OUT SUCH INVESTMENTS.
§ 19-1313 REPORTING.
1. NOT LATER THAN THREE YEARS FOLLOWING THE EFFECTIVE DATE OF THIS
TITLE, AND EVERY TWO YEARS THEREAFTER, THE COMMISSIONER, IN PARTNERSHIP
WITH THE WORKING GROUP, SHALL PRODUCE A REPORT ON THE IMPLEMENTATION OF
THE POLICIES ESTABLISHED UNDER THIS TITLE. SUCH REPORT SHALL INCLUDE,
BUT NOT BE LIMITED TO:
(A) THE EFFECTIVENESS OF THE FEES ESTABLISHED IN SECTION 19-1305 OF
THIS TITLE TO REDUCE REGULATED AIR CONTAMINANTS STATEWIDE AND WITHIN
GEOGRAPHIC SUBDIVISIONS OF THE STATE;
(B) THE EFFECTIVENESS OF THE POLICIES ESTABLISHED UNDER SECTION
19-1311 OF THIS TITLE TO REDUCE REGULATED AIR CONTAMINANTS FROM MOBILE
SOURCES STATEWIDE AND WITHIN GEOGRAPHIC SUBDIVISIONS OF THE STATE;
(C) AN OVERVIEW OF SOCIAL BENEFITS FROM THE REGULATIONS OR OTHER MEAS-
URES ESTABLISHED PURSUANT TO THIS TITLE, INCLUDING REDUCTIONS IN REGU-
LATED AIR CONTAMINANTS, AND OTHER BENEFITS TO THE ECONOMY, ENVIRONMENT,
AND PUBLIC HEALTH, INCLUDING WOMEN'S HEALTH;
(D) AN OVERVIEW OF COMPLIANCE COSTS FOR REGULATED ENTITIES;
(E) AN OVERVIEW OF ADMINISTRATIVE COSTS FOR THE DEPARTMENT AND OTHER
STATE AGENCIES;
(F) WHETHER THE FEES ESTABLISHED IN THIS TITLE ARE EQUITABLE, MINIMIZE
COSTS AND MAXIMIZE THE TOTAL BENEFITS TO THE STATE;
(G) RECOMMENDATIONS AS TO CHANGES THAT SHOULD BE MADE TO ANY POLICY
PROMULGATED PURSUANT TO THIS TITLE, INCLUDING THE METHODOLOGY ESTAB-
LISHED UNDER SECTION 19-1303 OF THIS TITLE, AND THE IMPLEMENTATION OF
THE FEES ESTABLISHED UNDER SECTION 19-1305 OF THIS TITLE; AND
(H) RECOMMENDATIONS FOR FUTURE REGULATORY ACTIONS PERTAINING TO REDUC-
ING REGULATED AIR CONTAMINANTS FROM MOBILE AND STATIONARY SOURCES.
2. BEFORE FINALIZING THE REPORT DESCRIBED IN SUBDIVISION 1 OF THIS
SECTION, THE COMMISSIONER SHALL ENSURE THAT THERE ARE MEANINGFUL OPPOR-
TUNITIES FOR PUBLIC PARTICIPATION, INCLUDING BY:
(A) ALLOWING AT LEAST ONE HUNDRED TWENTY DAYS FOR THE SUBMISSION OF
PUBLIC COMMENT, FOLLOWING THE DATE OF THE PUBLICATION OF A DRAFT REPORT;
AND
(B) HOLDING AT LEAST FOUR REGIONAL PUBLIC HEARINGS, INCLUDING TWO
MEETINGS IN THE UPSTATE REGION AND TWO MEETINGS IN THE DOWNSTATE REGION,
WITH EMPHASIS ON MAXIMIZING PARTICIPATION AND ACCESSIBILITY FOR MEMBERS
OF DISADVANTAGED COMMUNITIES.
S. 3616 9
3. THE FINAL REPORT SHALL BE SUBMITTED TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD-
ER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY, AND SHALL BE
POSTED ON THE WEBSITE OF THE DEPARTMENT.
§ 4. The environmental conservation law is amended by adding a new
article 74 to read as follows:
ARTICLE 74
CLIMATE CHANGE
SECTION 74-0101. DEFINITIONS.
74-0103. CLIMATE JUSTICE WORKING GROUP.
§ 74-0101. DEFINITIONS.
FOR THE PURPOSES OF THIS ARTICLE THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
1. "CLIMATE JUSTICE WORKING GROUP" OR "WORKING GROUP" SHALL MEAN THE
BODY CREATED UNDER SECTION 74-0103 OF THIS ARTICLE.
2. "DEPARTMENT" MEANS THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
3. "DISADVANTAGED COMMUNITIES" MEANS COMMUNITIES THAT BEAR BURDENS OF
NEGATIVE PUBLIC HEALTH EFFECTS, ENVIRONMENTAL POLLUTION, AND IMPACTS OF
CLIMATE CHANGE, AND POSSESS CERTAIN SOCIOECONOMIC CRITERIA, AS IDENTI-
FIED PURSUANT TO SECTION 74-0103 OF THIS ARTICLE.
4. "GREENHOUSE GAS" SHALL HAVE THE SAME MEANING AS IN SUBDIVISION 8 OF
SECTION 19-1301 OF THIS CHAPTER.
5. "REGULATED AIR CONTAMINANT" SHALL HAVE THE SAME MEANING AS IN
SUBDIVISION 22 OF SECTION 19-0107 OF THIS CHAPTER.
§ 74-0103. CLIMATE JUSTICE WORKING GROUP.
1. (A) THERE IS HEREBY CREATED WITHIN THE DEPARTMENT, NO LATER THAN
SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, A CLIMATE JUSTICE
WORKING GROUP. SUCH WORKING GROUP WILL BE COMPRISED OF REPRESENTATIVES
FROM: ENVIRONMENTAL JUSTICE COMMUNITIES, THE DEPARTMENT, THE DEPARTMENT
OF HEALTH, THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY,
AND THE DEPARTMENT OF LABOR. IN ADDITION TO ANY OTHER FUNCTIONS ASSIGNED
TO THE WORKING GROUP IN THIS ARTICLE, THE WORKING GROUP SHALL ALSO
PERFORM THE FUNCTIONS ASSIGNED TO THE WORKING GROUP AS SET FORTH IN
TITLE 13 OF ARTICLE 19 OF THIS CHAPTER, ARTICLE 25-D OF THE LABOR LAW,
TITLE 9-B OF ARTICLE 8 OF THE PUBLIC AUTHORITIES LAW, AND ARTICLES 42
AND 43 OF THE TAX LAW.
(B) ENVIRONMENTAL JUSTICE COMMUNITY REPRESENTATIVES SHALL BE MEMBERS
OF COMMUNITIES OF COLOR, LOW-INCOME COMMUNITIES, AND COMMUNITIES BEARING
DISPROPORTIONATE POLLUTION AND CLIMATE CHANGE BURDENS, OR SHALL BE
REPRESENTATIVES OF COMMUNITY-BASED ORGANIZATIONS WITH EXPERIENCE AND A
HISTORY OF ADVOCACY ON ENVIRONMENTAL JUSTICE ISSUES, AND SHALL INCLUDE
AT LEAST FIVE REPRESENTATIVES FROM NEW YORK CITY COMMUNITIES, THREE
REPRESENTATIVES FROM UPSTATE URBAN COMMUNITIES, THREE REPRESENTATIVES
FROM UPSTATE RURAL AND SUBURBAN COMMUNITIES, AND THREE REPRESENTATIVES
FROM NASSAU, SUFFOLK, WESTCHESTER AND ROCKLAND COUNTIES. THE DEPARTMENT,
IN CONSULTATION WITH THE WORKING GROUP, SHALL ESTABLISH DRAFT CRITERIA
TO IDENTIFY DISADVANTAGED COMMUNITIES.
(C) DISADVANTAGED COMMUNITIES SHALL BE IDENTIFIED BASED ON GEOGRAPHIC,
PUBLIC HEALTH, ENVIRONMENTAL HAZARDS, AND SOCIOECONOMIC CRITERIA, WHICH
SHALL INCLUDE, BUT ARE NOT LIMITED TO:
(I) AREAS BURDENED BY CUMULATIVE ENVIRONMENTAL POLLUTION AND OTHER
HAZARDS THAT CAN LEAD TO NEGATIVE PUBLIC HEALTH EFFECTS;
(II) AREAS WITH CONCENTRATIONS OF PEOPLE THAT ARE LOW INCOME, HIGH
UNEMPLOYMENT, HAVE HIGH RENT BURDENS, HAVE LOW LEVELS OF HOME OWNERSHIP,
HAVE LOW LEVELS OF EDUCATIONAL ATTAINMENT, OR ARE MEMBERS OF GROUPS THAT
S. 3616 10
HAVE HISTORICALLY EXPERIENCED DISCRIMINATION ON THE BASIS OF RACE OR
ETHNICITY; AND
(III) AREAS VULNERABLE TO THE IMPACTS OF CLIMATE CHANGE SUCH AS FLOOD-
ING, STORM SURGES, AND URBAN HEAT ISLAND EFFECTS.
2. BEFORE FINALIZING THE CRITERIA FOR IDENTIFYING DISADVANTAGED COMMU-
NITIES, THE DEPARTMENT SHALL PUBLISH DRAFT CRITERIA AND A DRAFT LIST OF
DISADVANTAGED COMMUNITIES AND MAKE SUCH INFORMATION AVAILABLE ON ITS
WEBSITE.
(A) THE DEPARTMENT SHALL HOLD AT LEAST SEVEN REGIONAL PUBLIC HEARINGS
ON THE DRAFT CRITERIA AND THE DRAFT LIST OF DISADVANTAGED COMMUNITIES,
INCLUDING THREE HEARINGS IN THE UPSTATE REGION, THREE HEARINGS IN THE
DOWNSTATE REGION, AND ONE MEETING IN EITHER NASSAU OR SUFFOLK COUNTIES
AND SHALL ALLOW AT LEAST ONE HUNDRED TWENTY DAYS FOR THE SUBMISSION OF
PUBLIC COMMENT. FOR THE PURPOSES OF THIS PARAGRAPH, THE TERM "DOWNSTATE
REGION" SHALL MEAN THE COUNTIES OF RICHMOND, KINGS, QUEENS, NEW YORK,
BRONX AND WESTCHESTER, AND THE TERM "UPSTATE REGION" SHALL MEAN ALL
OTHER NEW YORK STATE COUNTIES OTHER THAN NASSAU AND SUFFOLK.
(B) THE DEPARTMENT SHALL ENSURE THAT THERE ARE MEANINGFUL OPPORTU-
NITIES FOR PUBLIC COMMENT FOR ALL PERSONS WHO WILL BE IMPACTED BY THE
CRITERIA, INCLUDING PERSONS LIVING IN AREAS THAT MAY BE IDENTIFIED AS
DISADVANTAGED COMMUNITIES UNDER THE PROPOSED CRITERIA.
3. AFTER FOLLOWING THE PROCEDURES SET FORTH IN SUBDIVISIONS 1 AND 2 OF
THIS SECTION, THE DEPARTMENT SHALL ESTABLISH FINAL CRITERIA AND THE
FINAL LIST OF DISADVANTAGED COMMUNITIES, AND MAKE SUCH INFORMATION
AVAILABLE ON ITS WEBSITE.
4. THE WORKING GROUP WILL MEET AT LEAST ANNUALLY TO REVIEW THE METHOD-
OLOGY USED TO IDENTIFY DISADVANTAGED COMMUNITIES BY, AMONG OTHER THINGS,
INCORPORATING NEW DATA AND SCIENTIFIC FINDINGS. THE WORKING GROUP MAY
ADVISE THE DEPARTMENT TO MODIFY ITS METHODOLOGY, CRITERIA OR LIST.
FOLLOWING A MEETING OF THE WORKING GROUP, THE DEPARTMENT MAY MODIFY ITS
METHODOLOGY, CRITERIA OR LIST. BEFORE THE DEPARTMENT MODIFIES ITS METH-
ODOLOGY, CRITERIA OR LIST, IT SHALL PROVIDE FOR MEANINGFUL OPPORTUNITIES
FOR PUBLIC COMMENT AS TO ANY SUCH MODIFICATION.
§ 5. The labor law is amended by adding a new article 8-B to read as
follows:
ARTICLE 8-B
LABOR AND JOB STANDARDS AND WORKER PROTECTION
SECTION 228. LABOR AND JOB STANDARDS AND WORKER PROTECTION.
§ 228. LABOR AND JOB STANDARDS AND WORKER PROTECTION. 1. ALL STATE
AGENCIES INVOLVED IN IMPLEMENTING THE CLIMATE AND COMMUNITY INVESTMENT
ACT SHALL ASSESS AND IMPLEMENT STRATEGIES TO INCREASE EMPLOYMENT OPPOR-
TUNITIES AND IMPROVE JOB QUALITY. WITHIN ONE HUNDRED TWENTY DAYS OF THE
EFFECTIVE DATE OF THIS ARTICLE, ALL STATE AGENCIES, OFFICES, AUTHORI-
TIES, AND DIVISIONS SHALL REPORT TO THE LEGISLATURE ON:
(A) STEPS THEY WILL TAKE TO ENSURE COMPLIANCE WITH THIS SECTION; AND
(B) REGULATIONS NECESSARY TO ENSURE THAT THEY PRIORITIZE THE STATEWIDE
GOAL OF CREATING GOOD JOBS AND INCREASING EMPLOYMENT OPPORTUNITIES.
2. IN CONSIDERING AND ISSUING PERMITS, LICENSES, REGULATIONS,
CONTRACTS, AND OTHER ADMINISTRATIVE APPROVALS AND DECISIONS PURSUANT TO
THE CLIMATE AND COMMUNITY INVESTMENT ACT AND IN OTHERWISE DISPERSING ANY
PROCEEDS FROM THE FEE ESTABLISHED IN SECTION THREE THOUSAND FORTY OF THE
TAX LAW, ALL STATE AGENCIES, OFFICES, AUTHORITIES, AND DIVISIONS SHALL
APPLY THE FOLLOWING LABOR, TRAINING, AND JOB QUALITY STANDARDS TO PUBLIC
WORKS PROJECTS IN RECEIPT OF MORE THAN ONE HUNDRED THOUSAND DOLLARS IN
TOTAL FINANCIAL ASSISTANCE; PROJECTS WITH A TOTAL VALUE OF MORE THAN TEN
MILLION DOLLARS; AND PRIVATELY-FINANCED PROJECTS ON PUBLIC PROPERTY:
S. 3616 11
(A) THE PAYMENT OF NO LESS THAN PREVAILING WAGES FOR ALL EMPLOYEES IN
CONSTRUCTION AND BUILDING, CONSISTENT WITH ARTICLE EIGHT OF THIS CHAP-
TER, AND BUILDING SERVICES, CONSISTENT WITH ARTICLE NINE OF THIS CHAP-
TER;
(B) THE INCLUSION OF CONTRACT LANGUAGE REQUIRING CONTRACTORS TO ESTAB-
LISH LABOR HARMONY POLICIES; DISPUTE RESOLUTION MECHANISMS; PREVAILING
WAGE COMPLIANCE; SAFETY POLICIES; WORKERS COMPENSATION INSURANCE
(INCLUDING REVIEW OF CONTRACTOR EXPERIENCE RATING AND OTHER FACTORS);
AND APPRENTICESHIP PROGRAMS APPROPRIATE FOR CRAFTS EMPLOYED. PROCUREMENT
RULES SHOULD ENCOURAGE BUNDLING OF SMALL CONTRACTS AND PROJECTS TO
IMPROVE THE EFFICIENCY OF COMPLIANCE;
(C) A REQUIREMENT THAT ALL CONTRACTORS AND SUBCONTRACTORS, INCLUDING
THOSE THAT PARTICIPATE IN POWER PURCHASE AGREEMENTS, ENERGY PERFORMANCE
CONTRACTS, OR OTHER SIMILAR PROGRAMS, PARTICIPATE IN APPRENTICESHIP
PROGRAMS IN THE TRADES IN WHICH THEY ARE PERFORMING WORK; THAT THERE
SHALL BE THE MAXIMUM USE OF APPRENTICES AS PER DEPARTMENT OF LABOR
APPROVED RATIOS; THAT THERE SHALL BE ENCOURAGEMENT OF AFFILIATED PRE-AP-
PRENTICE DIRECT ENTRY PROGRAMS, INCLUDING, BUT NOT LIMITED TO, EJM
CONSTRUCTION SKILLS, NEW YORK CITY HELMETS TO HARDHATS, AND NONTRADI-
TIONAL EMPLOYMENT FOR WOMEN (NEW) FOR THE RECRUITMENT OF LOCAL AND/OR
DISADVANTAGED WORKERS; AND THAT EXISTING WORKFORCE DEVELOPMENT PROGRAMS,
INCLUDING THOSE AT THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
AUTHORITY, SHOULD BE MADE TO CONFORM TO THESE STANDARDS.
3. THE COMMISSIONER, THE FISCAL OFFICER AND OTHER RELEVANT AGENCIES
SHALL PROMULGATE SUCH REGULATIONS AS ARE NECESSARY TO IMPLEMENT AND
ADMINISTER COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE. THE DEPART-
MENT AND THE FISCAL OFFICER SHALL COORDINATE WITH LABOR ORGANIZATIONS
AND LOCAL AND COUNTY LEVEL GOVERNMENTS TO IMPLEMENT A SYSTEM TO TRACK
COMPLIANCE, ACCEPT REPORTS OF NON-COMPLIANCE FOR ENFORCEMENT ACTION, AND
REPORT ANNUALLY ON THE ADOPTION OF THESE STANDARDS TO THE LEGISLATURE
STARTING ONE YEAR FROM THE EFFECTIVE DATE OF THIS SECTION. FOR THE
PURPOSES OF THIS SUBDIVISION, "FISCAL OFFICER" SHALL MEAN THE INDUSTRIAL
COMMISSIONER, EXCEPT FOR CONSTRUCTION AND BUILDING SERVICE WORK
PERFORMED BY OR ON BEHALF OF A CITY, IN WHICH CASE "FISCAL OFFICER"
SHALL MEAN THE COMPTROLLER OR OTHER ANALOGOUS OFFICER OF SUCH CITY.
(A) THE PROVISIONS OF ANY CONTRACT BY THE RECIPIENT OF FINANCIAL
ASSISTANCE PERTAINING TO PREVAILING WAGES ARE TO BE CONSIDERED A
CONTRACT FOR THE BENEFIT OF CONSTRUCTION AND BUILDING SERVICE WORKERS,
UPON WHICH SUCH WORKERS SHALL HAVE THE RIGHT TO MAINTAIN ACTION FOR THE
DIFFERENCE BETWEEN THE PREVAILING WAGE RATE OF PAY, BENEFITS, AND PAID
LEAVE AND THE RATES OF PAY, BENEFITS, AND PAID LEAVE ACTUALLY RECEIVED
BY THEM, INCLUDING ATTORNEYS' FEES.
(B) (I) WHERE A RECIPIENT OF FINANCIAL ASSISTANCE CONTRACTS BUILDING
SERVICE WORK TO A BUILDING SERVICE CONTRACTOR, THE CONTRACTOR IS HELD TO
THE SAME OBLIGATIONS WITH RESPECT TO PREVAILING WAGES AS THE RECIPIENT.
THE RECIPIENT MUST INCLUDE TERMS ESTABLISHING THIS OBLIGATION WITHIN ANY
CONTRACT SIGNED WITH A CONTRACTOR.
(II) WHERE A RECIPIENT OF FINANCIAL ASSISTANCE CONTRACTS FOR
CONSTRUCTION, EXCAVATION, DEMOLITION, REHABILITATION, REPAIR, RENO-
VATION, ALTERATION OR IMPROVEMENT TO A SUBCONTRACTOR, THE SUBCONTRACTOR
SHALL BE HELD TO THE SAME OBLIGATIONS WITH RESPECT TO PREVAILING WAGES
AS THE RECIPIENT. THE RECIPIENT MUST INCLUDE TERMS ESTABLISHING THIS
OBLIGATION WITHIN ANY CONTRACT SIGNED WITH A SUBCONTRACTOR.
4. FOR THE PURPOSES OF THIS SECTION, "FINANCIAL ASSISTANCE" MEANS ANY
PROVISION OF PUBLIC FUNDS TO ANY PERSON, INDIVIDUAL, PROPRIETORSHIP,
PARTNERSHIP, JOINT VENTURE, CORPORATION, LIMITED LIABILITY COMPANY,
S. 3616 12
TRUST, ASSOCIATION, ORGANIZATION, OR OTHER ENTITY THAT RECEIVES FINAN-
CIAL ASSISTANCE, OR ANY ASSIGNEE OR SUCCESSOR IN INTEREST OF REAL PROP-
ERTY IMPROVED OR DEVELOPED WITH FINANCIAL ASSISTANCE, FOR ECONOMIC
DEVELOPMENT WITHIN THE STATE, INCLUDING BUT NOT LIMITED TO CASH PAYMENTS
OR GRANTS, BOND FINANCING, TAX ABATEMENTS OR EXEMPTIONS, INCLUDING BUT
NOT LIMITED TO ABATEMENTS OR EXEMPTIONS FROM REAL PROPERTY, MORTGAGE
RECORDING, SALES AND USE TAXES, OR THE DIFFERENCE BETWEEN ANY PAYMENTS
IN LIEU OF TAXES AND THE AMOUNT OF REAL PROPERTY OR OTHER TAXES THAT
WOULD HAVE BEEN DUE IF THE PROPERTY WERE NOT EXEMPTED FROM SUCH TAXES,
TAX INCREMENT FINANCING, FILING FEE WAIVERS, ENERGY COST REDUCTIONS,
ENVIRONMENTAL REMEDIATION COSTS, WRITE-DOWNS IN THE MARKET VALUE OF
BUILDINGS OR LAND, OR THE COST OF CAPITAL IMPROVEMENTS RELATED TO REAL
PROPERTY FOR WHICH THE STATE WOULD NOT PAY ABSENT THE DEVELOPMENT
PROJECT, AND INCLUDES BOTH DISCRETIONARY AND AS OF RIGHT ASSISTANCE. THE
PROVISIONS OF THIS SECTION SHALL ONLY APPLY TO PROJECTS RECEIVING MORE
THAN ONE HUNDRED THOUSAND DOLLARS IN TOTAL FINANCIAL ASSISTANCE,
PROJECTS WITH A TOTAL PROJECT VALUE OF MORE THAN TEN MILLION DOLLARS AND
PRIVATELY-FINANCED PROJECTS ON PUBLIC PROPERTY.
5. THE COMMISSIONER SHALL EVALUATE WHETHER THERE ARE ADDITIONAL STAND-
ARDS THAT COULD BE APPLIED TO INCREASE WAGE AND BENEFIT STANDARDS OR TO
ENCOURAGE A SAFE, WELL-TRAINED, AND ADEQUATELY COMPENSATED WORKFORCE.
6. THE COMMISSIONER, IN CONSULTATION WITH THE REGIONAL ECONOMIC DEVEL-
OPMENT COUNCILS, SHALL PROMULGATE SUCH REGULATIONS AND ENTER INTO SUCH
AGREEMENTS AS ARE NECESSARY TO ENFORCE COMMUNITY WORKFORCE AGREEMENTS,
PROJECT LABOR AGREEMENTS OR COMMUNITY BENEFITS AGREEMENTS THAT INCLUDE:
(A) LOCAL AND TARGETED HIRING STANDARDS;
(B) THE UTILIZATION OF MINORITY- OR WOMEN-OWNED BUSINESS ENTERPRISES;
AND
(C) ANY RELEVANT ADDITIONAL STANDARDS PROVIDED FOR IN THIS SECTION.
FOR THE PURPOSES OF THIS SUBDIVISION, A "MINORITY- OR WOMAN-OWNED ENTER-
PRISE" SHALL HAVE THE SAME MEANING AS SUBDIVISION FIVE OF SECTION NINE-
TEEN HUNDRED FIVE OF THE PUBLIC AUTHORITIES LAW.
7. THE DEPARTMENT SHALL DEVELOP AGREEMENTS IN THE REGION AND ENSURE
THAT THE STANDARDS UNDER THIS ARTICLE ARE APPLIED TO ALL PROJECTS IN THE
REGION RECEIVING FINANCIAL ASSISTANCE FROM ANY PROGRAM PURSUANT TO THE
CLIMATE AND COMMUNITY INVESTMENT ACT. THE REGULATIONS PROMULGATED IN
SUCH ARTICLE SHALL PROVIDE THAT PROJECTS OVER ONE MILLION DOLLARS MAY
NEGOTIATE THEIR OWN PROJECT LABOR AGREEMENTS OR COMMUNITY BENEFITS
AGREEMENTS WITH MUNICIPALITIES AND CONSTITUENCY BASED ORGANIZATIONS AS
PARTIES.
8. NOTHING SET FORTH IN THIS SECTION SHALL BE CONSTRUED TO IMPEDE,
INFRINGE, OR DIMINISH THE RIGHTS AND BENEFITS WHICH ACCRUE TO EMPLOYEES
THROUGH BONA FIDE COLLECTIVE BARGAINING AGREEMENTS, OR OTHERWISE DIMIN-
ISH THE INTEGRITY OF THE EXISTING COLLECTIVE BARGAINING RELATIONSHIP.
9. NOTHING SET FORTH IN THIS SECTION SHALL PRECLUDE A LOCAL GOVERNMENT
FROM SETTING ADDITIONAL STANDARDS THAT EXPAND ON THESE STATEWIDE STAND-
ARDS.
§ 6. The labor law is amended by adding a new article 25-D to read as
follows:
ARTICLE 25-D
CLIMATE CHANGE JUST TRANSITION FOR IMPACTED WORKERS AND
COMMUNITY ASSURANCE
SECTION 863. DEFINITIONS.
863-A. WORKER AND COMMUNITY ASSURANCE BOARD.
863-B. ESTABLISHMENT OF WORKER AND COMMUNITY ASSURANCE PROGRAM.
863-C. ADMINISTRATION BY THE COMMISSIONER.
S. 3616 13
863-D. ALLOCATION OF FUNDS.
863-E. SELECTION PROCESS.
863-F. DESIGNATION OF SIGNIFICANT IMPACT.
863-G. REPORTING.
§ 863. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "AUTHORITY" SHALL HAVE THE SAME MEANING AS IN SUBDIVISION TWO OF
SECTION EIGHTEEN HUNDRED FIFTY-ONE OF THE PUBLIC AUTHORITIES LAW.
2. "BOARD" MEANS THE WORKER AND COMMUNITY ASSURANCE BOARD ESTABLISHED
UNDER THIS ARTICLE.
3. "CHAIR" MEANS THE CHAIR OF THE AUTHORITY.
4. "COMMISSIONER" MEANS THE COMMISSIONER OF THE DEPARTMENT OF LABOR.
5. "CONSTITUENCY-BASED ORGANIZATION" SHALL HAVE THE SAME MEANING AS IN
SUBDIVISION THREE OF SECTION EIGHTEEN HUNDRED NINETY-ONE OF THE PUBLIC
AUTHORITIES LAW.
6. "DEPARTMENT" MEANS THE DEPARTMENT OF LABOR.
7. "DIRECTOR" MEANS THE DIRECTOR OF THE OFFICE OF CLIMATE AND COMMUNI-
TY INVESTMENT ESTABLISHED UNDER TITLE NINE-B OF ARTICLE EIGHT OF THE
PUBLIC AUTHORITIES LAW.
8. "DISADVANTAGED COMMUNITIES" MEANS COMMUNITIES THAT BEAR BURDENS OF
NEGATIVE PUBLIC HEALTH EFFECTS, ENVIRONMENTAL POLLUTION AND IMPACTS OF
CLIMATE CHANGE, AND POSSESS CERTAIN SOCIOECONOMIC CRITERIA, AS IDENTI-
FIED PURSUANT TO SECTION 74-0103 OF THE ENVIRONMENTAL CONSERVATION LAW.
9. "DISPLACED WORKER" MEANS AN INDIVIDUAL WHO IS A RESIDENT OF NEW
YORK STATE AND HAS BEEN TERMINATED OR HAS RECEIVED A NOTICE OF TERMI-
NATION AS A RESULT OF A PERMANENT FACILITY CLOSURE.
10. "ELIGIBLE APPLICANT" MEANS A MUNICIPALITY, LABOR UNION, COMMUNITY
COLLEGE, LOCAL SCHOOL DISTRICT, OR CONSTITUENCY-BASED ORGANIZATION
LOCATED IN AN IMPACTED COMMUNITY.
11. "GREENHOUSE GAS" SHALL HAVE THE SAME MEANING AS IN SUBDIVISION
EIGHT OF SECTION 19-1301 OF THE ENVIRONMENTAL CONSERVATION LAW.
12. "LABOR ORGANIZATION" MEANS ANY ORGANIZATION WHICH EXISTS AND IS
CONSTITUTED FOR THE PURPOSE, IN WHOLE OR IN PART, OF COLLECTIVE BARGAIN-
ING, OR OF DEALING WITH EMPLOYERS CONCERNING GRIEVANCES, TERMS OR CONDI-
TIONS OF EMPLOYMENT, OR OF OTHER MUTUAL AID OR PROTECTION AND WHICH IS
NOT A COMPANY UNION AS DEFINED HEREIN.
13. "PERMANENT FACILITY CLOSURE" MEANS THE PERMANENT SHUTDOWN OF A
SINGLE SITE OF EMPLOYMENT, OR ONE OR MORE FACILITIES OR OPERATING UNITS
WITHIN A SINGLE SITE OF EMPLOYMENT, IF THE SHUTDOWN RESULTS IN AN
EMPLOYMENT LOSS AT THE SINGLE SITE OF EMPLOYMENT DURING ANY THIRTY-DAY
PERIOD.
14. "PROGRAM" MEANS THE WORKER AND COMMUNITY ASSURANCE PROGRAM ESTAB-
LISHED UNDER THIS ARTICLE.
15. "TRUST" MEANS THE WORKER AND COMMUNITY ASSURANCE TRUST ESTABLISHED
UNDER SUBDIVISION FOUR OF SECTION THREE THOUSAND FORTY-SIX OF THE TAX
LAW.
16. "WORKING GROUP" MEANS THE CLIMATE JUSTICE WORKING GROUP CREATED
PURSUANT TO SECTION 74-0103 OF THE ENVIRONMENTAL CONSERVATION LAW.
§ 863-A. WORKER AND COMMUNITY ASSURANCE BOARD. THERE IS HEREBY CREATED
NO LATER THAN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, A
"WORKER AND COMMUNITY ASSURANCE BOARD". SUCH BOARD WILL BE COMPRISED OF:
THE COMMISSIONER, THE STATE COMPTROLLER, THE COMMISSIONER OF ENVIRON-
MENTAL CONSERVATION, THE CHAIR, TWO MEMBERS OF CONSTITUENCY-BASED ORGAN-
IZATIONS, TWO REPRESENTATIVES OF LABOR ORGANIZATIONS, AND ONE REPRESEN-
TATIVE EXPERT IN ECONOMIC DEVELOPMENT. THE BOARD SHALL BE CHAIRED BY THE
COMMISSIONER.
S. 3616 14
§ 863-B. ESTABLISHMENT OF WORKER AND COMMUNITY ASSURANCE PROGRAM.
THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT, A PROGRAM, TO BE
IMPLEMENTED BY THE COMMISSIONER. THE PURPOSE OF THE PROGRAM IS TO:
1. DISBURSE FUNDS FROM THE TRUST, PURSUANT TO THIS SECTION AND
SECTIONS EIGHT HUNDRED SIXTY-THREE-D AND EIGHT HUNDRED SIXTY-THREE-E OF
THIS ARTICLE;
2. PROVIDE SUPPORT FOR DISPLACED WORKERS, EITHER DIRECTLY, OR THROUGH
PROGRAMS ADMINISTERED BY ELIGIBLE APPLICANTS, FOR UP TO FIVE YEARS
INCLUDING, BUT NOT LIMITED TO: EMPLOYMENT GUARANTEES; RETRAINING AND
PLACEMENT IN PUBLIC OR PRIVATE SECTOR POSITIONS; INCOME SUPPORT; PENSION
SUPPORT; EARLY RETIREMENT; TRANSITIONAL SUPPORT INCLUDING BUT NOT LIMIT-
ED TO SKILLS TRAINING, JOB COUNSELING, TUITION SUPPORT, AND ON-THE-JOB
TRAINING; AND SUPPORT FOR IMPACTED WORKERS TO START EMPLOYEE-OWNED BUSI-
NESSES. EARLY RETIREMENT OR INCOME SUPPORT, AT A COMPARABLE LEVEL TO
THEIR LOST WAGES, SHALL BE OFFERED WHENEVER POSSIBLE. EACH INDIVIDUAL
DISPLACED WORKER WILL RECEIVE AT LEAST ONE FORM OF SUCH ASSISTANCE.
3. PROVIDE SUPPORT FOR COMMUNITIES EITHER THROUGH LOCAL GOVERNMENT
ENTITIES OR NON-PROFITS TO REPLACE LOST PAYMENT IN-LIEU-OF TAXES (PILOT)
AND LOCAL TAX REVENUE, REVENUE RAISED BY OR PAID BY THE STATE OR AN
EMPLOYER TO MUNICIPALITIES OR SCHOOL DISTRICTS (INCLUDING, BUT NOT
LIMITED TO, CENTRAL SCHOOL DISTRICTS AND CITY SCHOOL DISTRICTS), AND
OTHER PUBLIC FUNDING THAT IS BEING LOST AS A RESULT OF THE DISPLACED
FACILITIES; AND
4. FACILITATE THE EXPANSION OF EXISTING ECONOMIC DEVELOPMENT PROGRAMS
TO ENABLE COMMUNITIES TO RESPOND TO PERMANENT FACILITY CLOSURE AND/OR
MAJOR REDUCTIONS IN PROPERTY TAXES OR PILOT PAYMENTS. THIS CAN INCLUDE,
BUT IS NOT LIMITED TO: SUPPORT FOR INCUMBENT IMPACTED WORKERS TO START
EMPLOYEE-OWNED BUSINESSES IN HOST COMMUNITIES; AND SUPPORT FOR OTHER
ELEMENTS OF THE CLEAN, RENEWABLE ENERGY TRANSITION, SUCH AS DEPLOYMENT
OF ENERGY STORAGE, RENEWABLE ENERGY GENERATION, ELECTRICAL TRANSMISSION
FACILITIES, RESILIENCY MEASURES, AND OTHER INFRASTRUCTURE PROJECTS IN
COMMUNITIES WHERE ENERGY-INTENSIVE FACILITIES ARE CLOSING.
§ 863-C. ADMINISTRATION BY THE COMMISSIONER. WITHIN SIX MONTHS OF THE
EFFECTIVE DATE OF THIS ARTICLE, THE COMMISSIONER IS HEREBY AUTHORIZED
AND DIRECTED TO ESTABLISH THE WORKER AND COMMUNITY ASSURANCE PROGRAM.
THE COMMISSIONER SHALL IMPLEMENT THE PROGRAM IN CONSULTATION WITH THE
BOARD AND SHALL:
1. USE MONIES MADE AVAILABLE FOR THE PROGRAM PURSUANT TO SECTION EIGHT
HUNDRED SIXTY-THREE-B OF THIS ARTICLE TO ACHIEVE THE PURPOSES OF THE
PROGRAM;
2. ENTER INTO CONTRACTS WITH ELIGIBLE APPLICANTS AND OTHER ENTITIES
THROUGH THE COMPETITIVE SELECTION PROCESS AUTHORIZED BY THIS ARTICLE;
3. ENTER INTO CONTRACTS WITH ONE OR MORE PROGRAM IMPLEMENTERS TO
PERFORM SUCH FUNCTIONS AS THE AUTHORITY DEEMS APPROPRIATE; AND
4. EXERCISE SUCH OTHER POWERS AS ARE NECESSARY FOR THE PROPER ADMINIS-
TRATION OF THE PROGRAM.
§ 863-D. ALLOCATION OF FUNDS. FUNDS FROM THE TRUST SHALL BE DISBURSED
UNDER THE PROGRAM AND BE USED TO ENSURE A STABLE TRANSITION FOR WORKERS
AND COMMUNITIES IMPACTED BY THE TRANSITION TO A CARBON FREE ECONOMY.
§ 863-E. SELECTION PROCESS. THE DIRECTOR IS AUTHORIZED, WITHIN AMOUNTS
APPROPRIATED, TO DISBURSE FUNDS FROM THE TRUST ON A COMPETITIVE BASIS
FOR APPROVED PROJECTS TO ELIGIBLE APPLICANTS AND PARTNERS.
1. THE DIRECTOR, IN PARTNERSHIP WITH THE WORKING GROUP, SHALL DEVELOP
CRITERIA AND A PROCESS FOR SELECTING PROJECT PROPOSALS SUBMITTED BY
ELIGIBLE APPLICANTS UNDER THIS ARTICLE.
S. 3616 15
2. PROPOSALS SHOULD CLEARLY ARTICULATE: THE PROGRAMS TO BE SUPPORTED;
THE NUMBER OF WORKERS IMPACTED; OVERALL EXPECTED FUNDING LEVEL; A PLAN
TO ENGAGE THE PEOPLE MOST AFFECTED BY THE TRANSITION, INCLUDING WORKERS
AND COMMUNITY MEMBERS; A PLAN FOR ANY NECESSARY SITE REMEDIATION AND
ECONOMIC DEVELOPMENT; AND A PLAN TO ENSURE THAT FUNDING IS TIME LIMITED
TO NO MORE THAN TEN YEARS OF DIRECT SUPPORT FROM THE TRUST.
3. THE COMMISSIONER SHALL GIVE PRIORITY TO PROPOSALS FROM ELIGIBLE
APPLICANTS THAT ADDRESS WORKERS IN ENERGY INTENSIVE INDUSTRIES THAT HAVE
SIGNIFICANT EMPLOYMENT AND TAX BASE IMPACTS IN AFFECTED COMMUNITIES,
PURSUANT TO TITLE NINE-B OF ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW.
4. IN DEVELOPING THE CRITERIA, THE COMMISSIONER AND THE BOARD SHALL
ATTEMPT TO MAXIMIZE: THE NUMBER OF PEOPLE FROM AFFECTED COMMUNITIES THAT
WILL BENEFIT FROM ANY IMPLEMENTED PROJECT AND FROM THE SUITE OF PROJECTS
ACROSS THE PROGRAM; THE DEGREE OF DIRECT BENEFITS DELIVERED TO AFFECTED
COMMUNITIES; GREENHOUSE GAS AND EMISSIONS REDUCTIONS FOR REGULATED AIR
CONTAMINANTS; AND, TO THE EXTENT POSSIBLE, THE LEVERAGING OF PRIVATE
CAPITAL.
5. THE COMMISSIONER SHALL ENCOURAGE ELIGIBLE APPLICANTS TO PROPOSE
PROJECTS IN PARTNERSHIP WITH OTHER ELIGIBLE APPLICANTS, AND IN PARTNER-
SHIP WITH THIRD-PARTY ENTITIES.
6. WHERE POSSIBLE, THE COMMISSIONER SHALL AIM TO DISTRIBUTE FUNDS IN
AN EQUITABLE MANNER BY REGION OF THE STATE.
7. IF ADEQUATE FUNDING IS AVAILABLE, THE COMMISSIONER MAY CONSIDER
PROPOSALS RELATED TO OTHER IMPACTS ASSOCIATED WITH CLIMATE CHANGE THAT
HAVE THE EFFECT OF CAUSING JOB LOSSES, INCLUDING CLIMATE-RELATED NATURAL
DISASTERS.
8. THE COMMISSIONER SHALL ALLOCATE FUNDING ANNUALLY, OR AS DETERMINED
APPROPRIATE BY THE COMMISSIONER FOR ENSURING CONTINUOUS FUNDING FOR THE
NEEDS OF THE CHOSEN PROGRAMS AND PROJECTS.
§ 863-F. DESIGNATION OF SIGNIFICANT IMPACT. 1. THE COMMISSIONER, IN
COOPERATION WITH THE BOARD AND WORKING GROUP, SHALL ESTABLISH CRITERIA
TO DETERMINE WHEN AN INDUSTRY HAS BECOME SIGNIFICANTLY IMPACTED AS A
DIRECT RESULT OF POLICIES TO REDUCE GREENHOUSE GAS EMISSIONS IN NEW YORK
STATE. THE COMMISSIONER SHALL IDENTIFY AN INITIAL SET OF INDUSTRIES THAT
ARE SIGNIFICANTLY IMPACTED AS A DIRECT RESULT OF EMISSIONS REDUCTION
POLICIES FOR THE PURPOSES OF IMPLEMENTING THIS SECTION.
2. IN DESIGNING THE CRITERIA AND LISTING THE INDUSTRIES DESCRIBED IN
SUBDIVISION ONE OF THIS SECTION, THE COMMISSIONER SHALL CONSIDER FACTORS
SUCH AS:
(A) PERMANENT FACILITY CLOSURES OR THE CLOSURE OF BUSINESSES AS A
RESULT OF REGULATORY CHANGES RELATED TO THE CLIMATE AND COMMUNITY
INVESTMENT ACT;
(B) SIGNIFICANT JOB LOSSES ACROSS AN INDUSTRY AS A RESULT OF TECHNO-
LOGICAL CHANGE IN ORDER TO ACHIEVE GREENHOUSE GAS EMISSION REDUCTIONS;
OR
(C) LOSS OF PROPERTY TAX OR SCHOOL TAX REVENUE THAT WOULD LEAD TO
LOCAL LAYOFFS OR SERVICE REDUCTIONS AS A RESULT OF REGULATORY CHANGES
RELATED TO SUCH ACT.
3. BEFORE FINALIZING THE CRITERIA FOR IDENTIFYING INDUSTRIES THAT ARE
SIGNIFICANTLY IMPACTED AS A DIRECT RESULT OF CLIMATE CHANGE POLICY AND
IDENTIFYING A LIST OF SIGNIFICANTLY IMPACTED INDUSTRIES PURSUANT TO
SUBDIVISION ONE OF THIS SECTION, THE COMMISSIONER SHALL ENSURE THAT
THERE ARE MEANINGFUL OPPORTUNITIES FOR PUBLIC COMMENT, INCLUDING BY
PERSONS WORKING IN POTENTIALLY SIGNIFICANTLY IMPACTED INDUSTRIES AND
PERSONS THAT MAY BE IDENTIFIED AS PART OF AFFECTED COMMUNITIES PURSUANT
S. 3616 16
TO TITLE NINE-B OF ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW, INCLUD-
ING BY:
(A) PUBLISHING DRAFT CRITERIA AND A DRAFT LIST OF SIGNIFICANTLY
IMPACTED INDUSTRIES, AND MAKING SUCH INFORMATION AVAILABLE ON THE INTER-
NET;
(B) HOLDING AT LEAST SIX REGIONAL PUBLIC HEARINGS ON THE DRAFT CRITE-
RIA AND THE DRAFT LIST OF SIGNIFICANTLY IMPACTED INDUSTRIES, INCLUDING
AT LEAST THREE MEETINGS IN THE UPSTATE REGION AND THREE MEETINGS IN THE
DOWNSTATE REGION; AND
(C) ALLOWING AT LEAST ONE HUNDRED TWENTY DAYS FOR THE SUBMISSION OF
PUBLIC COMMENT, FOLLOWING THE DATE OF THE PUBLICATION OF DRAFT CRITERIA
DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION.
4. THE COMMISSIONER, IN COOPERATION WITH THE BOARD AND THE WORKING
GROUP SHALL MEET NO LESS THAN ANNUALLY TO REVIEW THE CRITERIA AND METH-
ODS USED TO IDENTIFY SIGNIFICANTLY IMPACTED INDUSTRIES, AND MAY MODIFY
SUCH METHODS TO INCORPORATE NEW DATA AND SCIENTIFIC FINDINGS, SUBJECT TO
THE SAME PROCESS REQUIREMENTS LISTED UNDER SUBDIVISION THREE OF THIS
SECTION.
5. AN INDUSTRY THAT HAS BEEN SIGNIFICANTLY IMPACTED AS A DIRECT RESULT
OF CLIMATE CHANGE POLICY, OR WORKERS IN AN INDUSTRY THAT HAS BEEN
SIGNIFICANTLY IMPACTED AS A DIRECT RESULT OF CLIMATE CHANGE POLICY MAY
ALSO BE IDENTIFIED BASED ON A PETITION FROM A MUNICIPALITY, LABOR UNION,
OR CONSTITUENCY-BASED ORGANIZATION LOCATED IN OR ADJACENT TO AN IMPACTED
COMMUNITY.
§ 863-G. REPORTING. 1. NO LATER THAN TWO YEARS FOLLOWING THE EFFECTIVE
DATE OF THIS ARTICLE, AND EVERY TWO YEARS THEREAFTER, THE COMMISSIONER,
IN PARTNERSHIP WITH THE WORKING GROUP, SHALL PRODUCE A REPORT ON THE
IMPLEMENTATION OF THE PROGRAM ESTABLISHED UNDER THIS ARTICLE AND THE
EXTENT TO WHICH PROGRAM IMPLEMENTATION IS MEETING STATED PROGRAM GOALS
AND PRIORITIES. SUCH REPORT SHALL INCLUDE BUT NOT BE LIMITED TO:
(A) REPORTING ON THE EFFECTIVENESS OF THE POLICIES ESTABLISHED UNDER
THIS ARTICLE TO THE LEGISLATURE AND PUBLIC ON THE JOB CREATION AND
RETENTION IMPACTS;
(B) AN OVERVIEW OF SOCIAL BENEFITS PURSUANT TO THE IMPLEMENTATION OF
THIS SECTION, INCLUDING BENEFITS TO THE ECONOMY, ENVIRONMENT, AND PUBLIC
HEALTH, INCLUDING WOMEN'S HEALTH;
(C) AN OVERVIEW OF ADMINISTRATIVE COSTS FOR THE DEPARTMENT AND OTHER
STATE AGENCIES;
(D) RECOMMENDATIONS FOR FUTURE POLICY PERTAINING TO TRANSITION ASSIST-
ANCE; AND
(E) DATA IDENTIFYING BOTH WHO SUBMITTED PETITIONS AND WHO RECEIVED
SUPPORT FROM THE PROGRAM AND WHY.
2. BEFORE FINALIZING THE REPORT DESCRIBED IN SUBDIVISION ONE OF THIS
SECTION, THE COMMISSIONER SHALL ENSURE THAT THERE ARE MEANINGFUL OPPOR-
TUNITIES FOR PUBLIC PARTICIPATION, INCLUDING BY:
(A) ALLOWING AT LEAST ONE HUNDRED TWENTY DAYS FOR THE SUBMISSION OF
PUBLIC COMMENT, FOLLOWING THE DATE OF THE PUBLICATION OF A DRAFT REPORT;
AND
(B) HOLDING AT LEAST FOUR REGIONAL PUBLIC HEARINGS, INCLUDING TWO
MEETINGS IN THE UPSTATE REGION AND TWO MEETINGS IN THE DOWNSTATE REGION,
WITH EMPHASIS ON MAXIMIZING PARTICIPATION AND ACCESSIBILITY FOR MEMBERS
OF DISADVANTAGED COMMUNITIES.
3. THE FINAL REPORT SHALL BE SUBMITTED TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD-
ER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY, AND SHALL BE
POSTED ON THE WEBSITE OF THE DEPARTMENT.
S. 3616 17
§ 7. Article 8 of the public authorities law is amended by adding a
new title 9-B to read as follows:
TITLE 9-B
CLIMATE CHANGE JUST TRANSITION
SUBTITLE I
GENERAL PROVISIONS
SECTION 1901. DEFINITIONS.
1902. COORDINATION OF PROGRAMS.
1903. TRANSPARENCY AND ACCOUNTABILITY.
1904. REPORT ON COMMUNITY OWNERSHIP.
SUBTITLE II
COMMUNITY JUST TRANSITION
SECTION 1905. DEFINITIONS.
1906. OFFICE OF CLIMATE AND COMMUNITY INVESTMENT.
1907. ESTABLISHMENT OF COMMUNITY JUST TRANSITION PROGRAM.
1908. ADMINISTRATION BY THE AUTHORITY.
1909. ALLOCATION OF FUNDS.
1910. SELECTION PROCESS.
1911. IDENTIFICATION OF DISADVANTAGED COMMUNITY NEEDS.
1912. COMMUNITY DECISION-MAKING AND ACCOUNTABILITY MECHANISMS.
1913. CRITERIA FOR IMPLEMENTING COMMUNITY ACCOUNTABILITY MECH-
ANISMS.
1914. CONSULTATION WITH THE WORKING GROUP.
SUBTITLE III
CLIMATE JOBS AND INFRASTRUCTURE
SECTION 1915. DEFINITIONS.
1916. ESTABLISHMENT OF CLIMATE JOBS AND INFRASTRUCTURE PROGRAM.
1917. ADMINISTRATION BY THE AUTHORITY.
1918. ALLOCATION OF FUNDS.
1919. FUNDING INSTRUMENTS.
1920. SELECTION PROCESS AND CRITERIA.
1921. CONSULTATION WITH THE ADVISORY COUNCIL.
1922. COMPREHENSIVE APPROACH TO EXISTING STRUCTURES.
§ 1901. DEFINITIONS. FOR THE PURPOSES OF THIS SUBTITLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "ADVISORY COUNCIL" MEANS THE ADVISORY COUNCIL ESTABLISHED UNDER
TITLE NINE-A OF THIS ARTICLE.
2. "AUTHORITY" SHALL HAVE THE SAME MEANING AS IN SUBDIVISION TWO OF
SECTION EIGHTEEN HUNDRED FIFTY-ONE OF THIS ARTICLE.
3. "CONSTITUENCY-BASED ORGANIZATION" SHALL HAVE THE SAME MEANING AS IN
SUBDIVISION THREE OF SECTION EIGHTEEN HUNDRED NINETY-ONE OF THIS ARTI-
CLE.
4. "REGULATED AIR CONTAMINANT" SHALL HAVE THE SAME MEANING AS IN
SUBDIVISION TWENTY-TWO OF SECTION 19-0107 OF THE ENVIRONMENTAL CONSERVA-
TION LAW.
5. "DIRECTOR" MEANS THE DIRECTOR OF THE OFFICE OF CLIMATE AND COMMUNI-
TY INVESTMENT ESTABLISHED UNDER THIS TITLE.
6. "DISADVANTAGED COMMUNITIES" MEANS COMMUNITIES THAT BEAR BURDENS OF
NEGATIVE PUBLIC HEALTH EFFECTS, ENVIRONMENTAL POLLUTION, AND IMPACTS OF
CLIMATE CHANGE, AND POSSESS CERTAIN SOCIOECONOMIC CRITERIA, AS IDENTI-
FIED PURSUANT TO SECTION 74-0103 OF THE ENVIRONMENTAL CONSERVATION LAW.
S. 3616 18
7. "EMISSIONS LEAKAGE" MEANS AN INCREASE IN EMISSIONS OUTSIDE OF THE
STATE, AS A RESULT OF, OR IN CORRELATION WITH, THE IMPLEMENTATION OF
MEASURES WITHIN THE STATE TO LIMIT SUCH EMISSIONS.
8. "GREENHOUSE GAS" SHALL HAVE THE SAME MEANING AS IN SUBDIVISION
EIGHT OF SECTION 19-1301 OF THE ENVIRONMENTAL CONSERVATION LAW.
9. "OFFICE" MEANS THE OFFICE OF CLIMATE AND COMMUNITY INVESTMENT
ESTABLISHED UNDER THIS TITLE.
10. "MUNICIPALITY" SHALL HAVE THE SAME MEANING AS IN SUBDIVISION SIX
OF SECTION FOUR HUNDRED EIGHTY-ONE OF THE EXECUTIVE LAW.
11. "PRESIDENT" MEANS THE PRESIDENT OF THE AUTHORITY.
12. "TRIBAL NATION" MEANS THOSE TRIBES, NATIONS OR OTHER ORGANIZED
GROUPS OF PERSONS HAVING ORIGINS IN ANY OF THE ORIGINAL PEOPLES OF NORTH
AMERICA RECOGNIZED IN THE STATE OR CONSIDERED BY THE FEDERAL SECRETARY
OF THE INTERIOR TO BE A TRIBAL NATION, INCLUDING THE FOLLOWING NEW YORK
STATE TRIBAL NATIONS: CAYUGA NATION, ONEIDA NATION OF NEW YORK, ONONDAGA
NATION, POOSPATUCK OR UNKECHAUGE NATION, SAINT REGIS MOHAWK TRIBE, SENE-
CA NATION OF INDIANS, SHINNECOCK INDIAN NATION, TONAWANDA BAND OF SENECA
AND TUSCARORA NATION.
13. "WORKING GROUP" MEANS THE CLIMATE JUSTICE WORKING GROUP CREATED
PURSUANT TO SECTION 74-0103 OF THE ENVIRONMENTAL CONSERVATION LAW.
14. "COMMUNITY OWNERSHIP" MEANS PROJECTS, BUSINESSES AND LEGAL MODELS
IN REGARD TO RENEWABLE ENERGY ASSETS AND SERVICES THAT ALLOW FOR ONE OR
MORE OF THE FOLLOWING:
(A) THE FLOW OF BENEFITS FROM ENERGY GENERATION AND CONSERVATION GOES
DIRECTLY TO COMMUNITIES AND UTILITY CUSTOMERS WHILE MINIMIZING THE
EXTRACTION OF BENEFITS AND PROFIT BY THIRD-PARTIES;
(B) ACCESS TO ENERGY INFRASTRUCTURE OWNERSHIP, INCLUDING ENERGY EFFI-
CIENCY MEASURES AND SAVINGS, BY RENTERS, NON-PROFIT ORGANIZATIONS, AND
INDIVIDUALS WITH A BROADER SPECTRUM OF INCOME AND CREDIT PROFILES THAN
TRADITIONAL FINANCING ALLOWS FOR;
(C) CREATION OF COOPERATIVE AND COOPERATIVE-LIKE STRUCTURES FOR THE
DEVELOPMENT AND OWNERSHIP OF ENERGY INFRASTRUCTURE; AND
(D) OWNERSHIP BY INDIVIDUALS OR ORGANIZATIONS THAT ARE LOCATED WHERE A
PROJECT IS SITED.
§ 1902. COORDINATION OF PROGRAMS. THE AUTHORITY SHALL UNDERTAKE
ACTIONS TO ENSURE MAXIMUM COORDINATION BETWEEN EACH OF THE PROGRAMS
CREATED UNDER SECTION THREE THOUSAND FORTY-SIX OF THE TAX LAW, INCLUD-
ING:
1. CONDUCTING EACH PROGRAM SUCH THAT ALL THREE PROGRAMS TOGETHER:
(A) MAXIMIZE THE TOTAL ECONOMIC AND SOCIAL BENEFITS TO NEW YORK;
(B) MAXIMIZE ADMINISTRATIVE EFFICIENCY;
(C) ACHIEVE THE MOST COST-EFFECTIVE AND THE GREATEST AMOUNT OF
REDUCTIONS IN GREENHOUSE GAS EMISSIONS AND REGULATED AIR CONTAMINANTS;
(D) ACHIEVE AN EQUITABLE DISTRIBUTION OF FUNDS;
(E) MAXIMIZE BENEFITS TO DISADVANTAGED COMMUNITIES;
(F) ENCOURAGE EARLY ACTION TO REDUCE EMISSIONS; AND
(G) MINIMIZE EMISSIONS LEAKAGE.
2. NOT LESS FREQUENTLY THAN TWO TIMES ANNUALLY, THE AUTHORITY SHALL
CONVENE A MEETING THAT INCLUDES THE DIRECTOR, THE WORKING GROUP, AND THE
ADVISORY COUNCIL, TO DISCUSS OPTIONS FOR IMPROVING THE COORDINATION OF
THE THREE PROGRAMS.
3. IN CONSULTING WITH THE WORKING GROUP AND THE ADVISORY COUNCIL
PURSUANT TO THIS SECTION, THE AUTHORITY SHALL ADHERE TO THE FOLLOWING
PROCEDURES:
S. 3616 19
(A) THE AUTHORITY SHALL PROVIDE, TO ALL WORKING GROUP AND ADVISORY
COUNCIL MEMBERS, NOTICE OF MEETINGS NOT LESS THAN THIRTY DAYS BEFORE THE
DATE OF THE MEETING; AND
(B) THE AUTHORITY SHALL PROVIDE, TO ALL WORKING GROUP AND ADVISORY
COUNCIL MEMBERS, ELECTRONIC COPIES OR HARD COPIES OF ANY WRITTEN OR
OTHER INFORMATIONAL MATERIALS TO BE DISCUSSED AT A GIVEN MEETING NOT
LESS THAN THIRTY DAYS PRIOR TO THE DATE OF THAT MEETING.
§ 1903. TRANSPARENCY AND ACCOUNTABILITY. 1. NO LATER THAN TWO YEARS
FOLLOWING THE EFFECTIVE DATE OF THIS TITLE, AND EVERY TWO YEARS THERE-
AFTER, THE DIRECTOR, IN PARTNERSHIP WITH THE WORKING GROUP, SHALL
PRODUCE A REPORT ON THE IMPLEMENTATION OF THE PROGRAMS ESTABLISHED UNDER
THIS TITLE AND THE EXTENT TO WHICH PROGRAM IMPLEMENTATION IS MEETING
STATED PROGRAM GOALS AND PRIORITIES. SUCH REPORT SHALL INCLUDE BUT NOT
BE LIMITED TO:
(A) FOR THE PROGRAM UNDER SUBTITLE TWO OF THIS TITLE:
(I) THE EXTENT TO WHICH NEEDS IDENTIFIED IN THE NEEDS ASSESSMENT ARE
BEING MET;
(II) THE EFFECTIVENESS OF PROJECTS FUNDED UNDER THE PROGRAM IN REDUC-
ING EMISSIONS OF GREENHOUSE GAS AND REGULATED AIR CONTAMINANTS;
(III) THE EFFECTIVENESS OF PROJECTS FUNDED UNDER THE PROGRAM IN REDUC-
ING THE ENERGY BURDENS OF HOUSEHOLDS IN DISADVANTAGED COMMUNITIES;
(IV) THE GEOGRAPHIC DISTRIBUTION OF GRANTS MADE UNDER THE PROGRAM;
(V) BARRIERS REPORTED BY ELIGIBLE APPLICANTS IN DEVELOPING COMPETITIVE
PROPOSALS AND RECEIVING FUNDING;
(VI) THE JOBS CREATED AS A RESULT OF FUNDS DISTRIBUTED UNDER THE
PROGRAM;
(VII) THE NUMBER OF PROJECTS FUNDED THAT ARE COMMUNITY-OWNED OR INCOR-
PORATE COMMUNITY OWNERSHIP, INCLUDING AN ASSESSMENT OF CONTINUED BARRI-
ERS TO COMMUNITY OWNERSHIP.
(B) FOR THE PROGRAM UNDER SUBTITLE THREE OF THIS TITLE:
(I) THE NUMBER OF JOBS CREATED BY THE PROGRAM;
(II) THE EFFECTIVENESS OF PROJECTS FUNDED UNDER THE PROGRAM IN REDUC-
ING EMISSIONS OF GREENHOUSE GAS AND REGULATED AIR CONTAMINANTS;
(III) THE EXTENT TO WHICH PROJECTS FUNDED UNDER THE PROGRAM LEVERAGED
ADDITIONAL PRIVATE INVESTMENT;
(IV) THE NUMBER OF MINORITY AND WOMEN-OWNED BUSINESSES INVOLVED IN
PROJECTS FUNDED UNDER THE PROGRAM AS LEAD CONTRACTORS OR SUBCONTRACTORS,
AND BARRIERS TO INVOLVEMENT BY SUCH BUSINESSES;
(V) THE EFFECTIVENESS OF PROJECTS FUNDED UNDER THE PROGRAM IN REDUCING
ENERGY BURDENS OF HOUSEHOLDS, INCLUDING HOUSEHOLDS IN DISADVANTAGED
COMMUNITIES.
(C) FOR THE PROGRAM UNDER ARTICLES FORTY-TWO AND FORTY-THREE OF THE
TAX LAW:
(I) THE ACTUAL COSTS OF THE FEE AS COMPARED TO THE AMOUNT OF THE
REBATE;
(II) THE OVERALL NET COST TO HOUSEHOLDS;
(III) THE RATE OF PARTICIPATION IN THE PROGRAM BY ELIGIBLE HOUSEHOLDS
AND THE BARRIERS TO PARTICIPATION, IF ANY.
2. BEFORE FINALIZING THE REPORT DESCRIBED IN SUBDIVISION ONE OF THIS
SECTION, THE DIRECTOR SHALL ENSURE THAT THERE ARE MEANINGFUL OPPORTU-
NITIES FOR PUBLIC PARTICIPATION, INCLUDING BY:
(A) ALLOWING AT LEAST ONE HUNDRED TWENTY DAYS FOR THE SUBMISSION OF
PUBLIC COMMENT, FOLLOWING THE DATE OF THE PUBLICATION OF A DRAFT REPORT;
AND
(B) HOLDING AT LEAST FOUR REGIONAL PUBLIC HEARINGS, INCLUDING TWO
MEETINGS IN THE UPSTATE REGION AND TWO MEETINGS IN THE DOWNSTATE REGION,
S. 3616 20
WITH EMPHASIS ON MAXIMIZING PARTICIPATION AND ACCESSIBILITY FOR MEMBERS
OF DISADVANTAGED COMMUNITIES.
3. THE FINAL REPORT SHALL BE SUBMITTED TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD-
ER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY, AND SHALL BE
POSTED ON THE WEBSITE OF THE AUTHORITY.
§ 1904. REPORT ON COMMUNITY OWNERSHIP. 1. NOT LATER THAN TWO YEARS
FOLLOWING THE EFFECTIVE DATE OF THIS SUBTITLE, AND EVERY TWO YEARS THER-
EAFTER, THE AUTHORITY, WITH INPUT FROM THE WORKING GROUP, THE STATE
ENERGY PLANNING BOARD AND THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION,
SHALL PRODUCE A REPORT ON BARRIERS TO, AND OPPORTUNITIES FOR, COMMUNITY
OWNERSHIP, INCLUDING:
(A) A STUDY OF CONTRACTUAL AND PRICING MECHANISMS THAT MAKE SITING AND
OWNERSHIP OF RENEWABLE ENERGY ASSETS AND SERVICES IN DISADVANTAGED
COMMUNITIES MORE VIABLE AND SCALABLE.
(B) RECOMMENDATIONS ON HOW TO INCREASE COMMUNITY OWNERSHIP IN DISAD-
VANTAGED COMMUNITIES OF THE FOLLOWING SERVICES AND COMMODITIES:
(I) DISTRIBUTED RENEWABLE ENERGY GENERATION;
(II) UTILITY SCALE RENEWABLE ENERGY GENERATION;
(III) ENERGY EFFICIENCY AND WEATHERIZATION INVESTMENTS; AND
(IV) ELECTRIC GRID INVESTMENTS, INCLUDING ENERGY STORAGE AND SMART
METERS.
2. BEFORE FINALIZING THE REPORT DESCRIBED IN SUBDIVISION ONE OF THIS
SECTION, THE DIRECTOR SHALL ENSURE THAT THERE ARE MEANINGFUL OPPORTU-
NITIES FOR PUBLIC PARTICIPATION, INCLUDING BY:
(A) ALLOWING AT LEAST ONE HUNDRED TWENTY DAYS FOR THE SUBMISSION OF
PUBLIC COMMENT, FOLLOWING THE DATE OF THE PUBLICATION OF A DRAFT REPORT;
AND
(B) HOLDING AT LEAST FOUR REGIONAL PUBLIC HEARINGS, INCLUDING TWO
MEETINGS IN THE UPSTATE REGION AND TWO MEETINGS IN THE DOWNSTATE REGION,
WITH EMPHASIS ON MAXIMIZING PARTICIPATION AND ACCESSIBILITY FOR MEMBERS
OF DISADVANTAGED COMMUNITIES.
3. THE FINAL REPORT SHALL BE SUBMITTED TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD-
ER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY, AND SHALL BE
POSTED ON THE WEBSITE OF THE AUTHORITY.
§ 1905. DEFINITIONS. FOR THE PURPOSES OF THIS SUBTITLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "DISADVANTAGED COMMUNITIES" SHALL HAVE THE SAME MEANING AS IN
SUBDIVISION THREE OF SECTION 74-0101 OF THE ENVIRONMENTAL CONSERVATION
LAW.
2. "ELIGIBLE LEAD APPLICANT" MEANS A CONSTITUENCY-BASED ORGANIZATION,
A TRIBAL NATION, OR A MUNICIPALITY OR COUNTY IN CASES WHERE THERE IS NOT
A CONSTITUENCY-BASED ORGANIZATION IN OR SERVING THE DISADVANTAGED COMMU-
NITY OR COMMUNITIES.
3. "ELIGIBLE SUB-APPLICANTS" MEANS PRIVATE SECTOR ENTITIES, ACADEMIC
INSTITUTIONS, NON-PROFIT ORGANIZATIONS, OTHER STAKEHOLDERS, AND MUNICI-
PALITIES AND COUNTIES IN CASES WHERE THERE IS A CONSTITUENCY-BASED
ORGANIZATION IN THE DISADVANTAGED COMMUNITY OR COMMUNITIES.
4. "FUND" MEANS THE COMMUNITY JUST TRANSITION FUND ESTABLISHED UNDER
SUBDIVISION ONE OF SECTION THREE THOUSAND FORTY-SIX OF THE TAX LAW.
5. "MINORITY- OR WOMEN-OWNED BUSINESS ENTERPRISE" MEANS EITHER A
"MINORITY-OWNED BUSINESS ENTERPRISE" AS DEFINED IN SUBDIVISION SEVEN OF
SECTION THREE HUNDRED TEN OF THE EXECUTIVE LAW, OR A "WOMEN-OWNED BUSI-
NESS ENTERPRISE", AS DEFINED IN SUBDIVISION FIFTEEN OF SUCH SECTION.
S. 3616 21
6. "WORKING GROUP" MEANS THE CLIMATE JUSTICE WORKING GROUP ESTABLISHED
UNDER SECTION 74-0103 OF THE ENVIRONMENTAL CONSERVATION LAW.
7. "PROGRAM" MEANS THE COMMUNITY JUST TRANSITION PROGRAM ESTABLISHED
UNDER THIS SUBTITLE.
8. "COMMUNITY OWNERSHIP" SHALL HAVE THE SAME MEANING AS SET FORTH IN
SUBDIVISION FOURTEEN OF SECTION NINETEEN HUNDRED ONE OF THIS TITLE.
§ 1906. OFFICE OF CLIMATE AND COMMUNITY INVESTMENT. 1. THE AUTHORITY
SHALL ESTABLISH, NOT LATER THAN SIX MONTHS AFTER THE EFFECTIVE DATE OF
THIS SUBTITLE, THE "OFFICE OF CLIMATE AND COMMUNITY INVESTMENT". SUCH
OFFICE WILL ADMINISTER THE FUND AND THE PROGRAM, AMONG OTHER DUTIES.
SUCH OFFICE SHALL BE RESPONSIBLE FOR IMPLEMENTING NEW, PROGRESSIVE AND
EQUITABLE GRANT OPPORTUNITIES THAT SUPPORT DISADVANTAGED COMMUNITIES
TRANSITIONING TO A REGENERATIVE RENEWABLE ENERGY ECONOMY. THE OFFICE
WILL COLLABORATE WITH THE WORKING GROUP TO DEVELOP AND ASSESS PROGRAMS
AND, AS NEEDED, WITH THE OFFICE OF ENVIRONMENTAL JUSTICE OF THE DEPART-
MENT OF ENVIRONMENTAL CONSERVATION.
2. THE OFFICE WILL ABIDE BY THE PRINCIPLES OF ENVIRONMENTAL JUSTICE,
INCLUDING THE 1994 FEDERAL EXECUTIVE ORDER 12898 (IN RELATION TO ENVI-
RONMENTAL JUSTICE) AND THE JEMEZ PRINCIPLES OF DEMOCRATIC ORGANIZING.
SUCH PRINCIPLES SHALL INCLUDE: BEING INCLUSIVE; PLACING AN EMPHASIS ON
BOTTOM-UP ORGANIZING; LETTING PEOPLE SPEAK FOR THEMSELVES; WORKING
TOGETHER IN SOLIDARITY AND MUTUALITY; BUILDING JUST RELATIONSHIPS AMONG
OURSELVES; AND MAKING A COMMITMENT TO SELF-TRANSFORMATION.
3. THE OFFICE SHALL BE LED BY A DIRECTOR. NOT LATER THAN SIX MONTHS
AFTER THE FORMATION OF THE WORKING GROUP, THE WORKING GROUP SHALL NOMI-
NATE NOT LESS THAN THREE CANDIDATES FOR THE POSITION OF DIRECTOR. NOT
LATER THAN THREE MONTHS AFTER THE WORKING GROUP HAS NOMINATED CANDI-
DATES, THE PRESIDENT SHALL SELECT THE DIRECTOR FROM THIS GROUP OF CANDI-
DATES.
§ 1907. ESTABLISHMENT OF COMMUNITY JUST TRANSITION PROGRAM. THERE IS
HEREBY ESTABLISHED WITHIN THE AUTHORITY, A COMMUNITY JUST TRANSITION
PROGRAM, TO BE IMPLEMENTED BY THE DIRECTOR. THE PURPOSE OF THE PROGRAM
IS TO DISBURSE FUNDS FROM THE COMMUNITY JUST TRANSITION FUND PURSUANT TO
SECTION NINETEEN HUNDRED NINE OF THIS SUBTITLE.
§ 1908. ADMINISTRATION BY THE AUTHORITY. WITHIN SIX MONTHS OF THE
EFFECTIVE DATE OF THIS SUBTITLE, THE AUTHORITY IS HEREBY AUTHORIZED AND
DIRECTED TO ESTABLISH AND ADMINISTER THE COMMUNITY JUST TRANSITION
PROGRAM. THE AUTHORITY SHALL IMPLEMENT THE PROGRAM IN CONSULTATION WITH
THE WORKING GROUP. THE AUTHORITY IS AUTHORIZED AND DIRECTED TO:
1. USE MONIES MADE AVAILABLE FOR THE PROGRAM, PURSUANT TO SECTIONS
NINETEEN HUNDRED NINE AND NINETEEN HUNDRED TEN OF THIS SUBTITLE;
2. ENTER INTO CONTRACTS WITH ELIGIBLE LEAD APPLICANTS AND SUB-APPLI-
CANTS THROUGH A COMPETITIVE SELECTION PROCESS;
3. RECOVER FROM THE MONIES MADE AVAILABLE FOR THE PROGRAM, NOT IN
EXCESS OF TWO PERCENT OF ANNUAL FUND PROCEEDS, ITS OWN NECESSARY AND
DOCUMENTED COSTS INCURRED IN ADMINISTERING THE PROGRAM, INCLUDING
PROGRAM EVALUATION, COMPENSATION FOR MEMBERS OF THE WORKING GROUP,
COMPENSATION FOR AT LEAST ONE FULL-TIME AUTHORITY STAFF PERSON DEDICATED
TO SUPPORTING THE WORKING GROUP; AND
4. EXERCISE SUCH OTHER POWERS AS ARE NECESSARY FOR THE PROPER ADMINIS-
TRATION OF THE PROGRAM.
§ 1909. ALLOCATION OF FUNDS. 1. FUNDS FROM THE COMMUNITY JUST TRANSI-
TION FUND SHALL BE DISBURSED THROUGH DIRECT GRANTS TO ELIGIBLE LEAD
APPLICANTS SERVING DISADVANTAGED COMMUNITIES. SUCH FUNDS SHALL BE
DISBURSED IN ACCORDANCE WITH SUBDIVISIONS TWO AND THREE OF THIS SECTION.
S. 3616 22
2. AT LEAST SEVENTY-FIVE PERCENT OF FUNDS FROM THE COMMUNITY JUST
TRANSITION FUND SHALL BE FOR PROJECTS PHYSICALLY LOCATED WITHIN A DESIG-
NATED DISADVANTAGED COMMUNITY, AND SHALL ACHIEVE ONE OR MORE OF THE
GOALS IN PARAGRAPH (A), (B) OR (C) OF THIS SUBDIVISION:
(A) MAXIMIZING GREENHOUSE GAS EMISSIONS REDUCTIONS, INCLUDING THROUGH
THE COMPLETION OF PROJECTS, INCLUDING BUT NOT LIMITED TO: ENERGY EFFI-
CIENCY AND ENERGY DEMAND REDUCTION; RENEWABLE ENERGY; ENERGY STORAGE;
RENEWABLE ENERGY-POWERED MICROGRIDS; ENERGY RESILIENCY; DEMAND RESPONSE;
AND REDUCING URBAN HEAT ISLAND EFFECTS THROUGH VARIOUS MEANS, SUCH AS
THROUGH THE COMPLETION OF URBAN FORESTRY, URBAN AGRICULTURE, OR GREEN
INFRASTRUCTURE PROJECTS;
(B) THE REDUCTION OF OTHER REGULATED AIR CONTAMINANTS IN CONJUNCTION
WITH GREENHOUSE GAS EMISSIONS REDUCTIONS; AND
(C) COMMUNITY OWNERSHIP AND GOVERNANCE, INCLUDING THROUGH THE FUNDING
OF PLANNING, DESIGN AND CONSTRUCTION OF COMMUNITY SOLAR INSTALLATION AND
OTHER PROJECTS LISTED UNDER PARAGRAPH (A) OF THIS SUBDIVISION.
3. UP TO TWENTY-FIVE PERCENT OF FUNDS FROM THE COMMUNITY JUSTICE TRAN-
SITION FUND MAY BE USED FOR PROJECTS LOCATED OUTSIDE OF DESIGNATED
DISADVANTAGED COMMUNITIES, BUT MUST PROVIDE AT LEAST ONE OF THE FOLLOW-
ING BENEFITS TO ONE OR MORE DESIGNATED DISADVANTAGED COMMUNITIES:
(A) REDUCING EMISSIONS FROM STATIONARY SOURCES, INCLUDING THE PERMA-
NENT CLOSURE OF FOSSIL FUEL-FIRED POWER PLANTS, INCLUDING PEAKER-PLANTS,
OR WASTE-TO-ENERGY PLANTS, WITH PRIORITY GIVEN TO REDUCING EMISSIONS
FROM SOURCES THAT EMIT POLLUTION INTO THE AIRSHED OF DISADVANTAGED
COMMUNITIES;
(B) REDUCING THE FINANCIAL BURDEN OF ENERGY EXPENSES FOR DISADVANTAGED
COMMUNITIES, INCLUDING THE REDUCING ENERGY COSTS THROUGH THE CREATION OF
COMMUNITY-OWNED SOLAR ASSETS; AND
(C) INCREASING AND SUPPORTING OPPORTUNITIES FOR COMMUNITY OWNERSHIP OF
ENERGY PROJECTS BY RESIDENTS OF DISADVANTAGED COMMUNITIES, INCLUDING
OWNERSHIP OF THE TYPE OF ENERGY PROJECTS SPECIFIED UNDER SUBDIVISION TWO
OF THIS SECTION AND BY ESTABLISHING COMMUNITY-OWNED ENERGY COOPERATIVES.
§ 1910. SELECTION PROCESS. 1. THE DIRECTOR, IN CONSULTATION WITH THE
WORKING GROUP, SHALL DEVELOP CRITERIA AND A PROCESS FOR COMPETITIVELY
SELECTING PROJECT PROPOSALS UNDER THIS SUBTITLE, IN ACCORDANCE WITH THIS
SECTION AND SECTION NINETEEN HUNDRED NINE OF THIS SUBTITLE.
2. THE DIRECTOR, IN CONSULTATION WITH THE WORKING GROUP, SHALL COMPET-
ITIVELY SELECT PROJECT PROPOSALS ACCORDING TO THE CRITERIA AND PROCESS
ESTABLISHED UNDER SUBDIVISION THREE OF THIS SECTION.
3. IN SELECTING PROJECTS AND DISTRIBUTING FUNDS, THE DIRECTOR SHALL
MEET THE STANDARDS IN PARAGRAPHS (A), (B), (C), (D), (E) AND (F) OF THIS
SUBDIVISION.
(A) ALL PROJECTS SHALL BE LED BY AN ELIGIBLE LEAD APPLICANT; PROVIDE
BENEFITS TO DESIGNATED DISADVANTAGED COMMUNITIES; COMPLY WITH SECTION
NINETEEN HUNDRED NINE OF THIS SUBTITLE; INCORPORATE COMMUNITY DECISION-
MAKING, PURSUANT TO SECTION NINETEEN HUNDRED TWELVE OF THIS SUBTITLE,
THROUGHOUT PROJECT PLANNING AND IMPLEMENTATION; AND PROVIDE A COMMUNITY
ACCOUNTABILITY MECHANISM, PURSUANT TO SECTION NINETEEN HUNDRED THIRTEEN
OF THIS SUBTITLE.
(B) PROGRAM FUNDS AS A WHOLE SHALL BE EQUITABLY DISTRIBUTED TO MEMBERS
OF DISADVANTAGED COMMUNITIES, WITH ROUGHLY AN EVEN DISTRIBUTION OF FUNDS
PER CAPITA AMONG DISADVANTAGED COMMUNITIES ACROSS THE STATE.
(C) COMMUNITIES SHALL BE TARGETED IN AREAS WHERE ENERGY COSTS ARE
PARTICULARLY HIGH IN RELATION TO A MEASURE OF MEDIAN HOUSEHOLD INCOME AS
DETERMINED BY THE AUTHORITY; OR WHICH HAVE BEEN DESIGNATED AS A NONAT-
S. 3616 23
TAINMENT AREA FOR ONE OR MORE POLLUTANTS PURSUANT TO SECTION 107 OF THE
FEDERAL CLEAN AIR ACT (42 U.S.C. SECTION 7407).
(D) THE DIRECTOR SHALL GIVE PREFERENCE IN AWARDS TO APPLICANTS THAT
INCLUDE SIGNIFICANT PARTICIPATION BY MINORITY- OR WOMEN-OWNED BUSINESS
ENTERPRISES.
(E) THE DIRECTOR SHALL GIVE PREFERENCE IN AWARDS TO APPLICANTS THAT
IMPLEMENT MECHANISMS TO MAXIMIZE COMMUNITY OWNERSHIP, PURSUANT TO THE
FINDINGS OF THE LATEST REPORT MANDATED BY SECTION NINETEEN HUNDRED FOUR
OF THIS TITLE.
(F) THE DIRECTOR SHALL GIVE PREFERENCE IN AWARDS TO PROJECTS THAT
WOULD NOT OTHERWISE LIKELY BE COMPLETED WITHOUT THE SUPPORT OF THE
PROGRAM.
4. THE DIRECTOR SHALL ENCOURAGE ELIGIBLE LEAD APPLICANTS TO PROPOSE
PROJECTS IN COLLABORATION WITH ELIGIBLE SUB-APPLICANTS.
5. THE DIRECTOR SHALL ANNUALLY ISSUE AT LEAST ONE AND NOT MORE THAN
FOUR PROGRAM OPPORTUNITY NOTICES OR REQUESTS FOR PROPOSALS TO SOLICIT
APPLICATIONS FROM ELIGIBLE LEAD APPLICANTS.
6. THE DIRECTOR SHALL PRIORITIZE CREATING A STREAMLINED AND SIMPLIFIED
APPLICATION AND DISBURSEMENT PROCESS FOR ELIGIBLE LEAD APPLICANTS,
INCLUDING BUT NOT LIMITED TO, QUARTERLY AVAILABLE GRANT OPPORTUNITIES,
AT LEAST QUARTERLY INFORMATION WEBINARS, AND PROVIDING OPPORTUNITIES FOR
TECHNICAL ASSISTANCE TO NAVIGATE THE APPLICATION PROCESS.
7. TO THE EXTENT OTHERWISE PERMITTED BY LAW, THE DIRECTOR SHALL
DISTRIBUTE FUNDS IN A MANNER THAT PROVIDES AT LEAST SEVENTY-FIVE PERCENT
OF EACH AWARD UP-FRONT, TO ENSURE THAT ELIGIBLE LEAD APPLICANTS WITH
LIMITED EXISTING BUDGETS ARE ABLE TO IMPLEMENT PROJECTS EFFECTIVELY.
8. THE DIRECTOR SHALL CONSULT WITH THE DIVISION OF HOUSING AND COMMU-
NITY RENEWAL AND THE WORKING GROUP TO DEVELOP STRATEGIES TO: MITIGATE
ANY ADVERSE ECONOMIC IMPACT OF THE PROGRAM ON TENANTS AND HOMEOWNERS,
INCLUDING, BUT NOT LIMITED TO, RESIDENTS OF RENT-REGULATED HOUSING OR
RECIPIENTS OF HOUSING SUBSIDIES AND RENT-BURDENED HOUSEHOLDS; AND
ENHANCE LONG-TERM COMMUNITY COHESION.
§ 1911. IDENTIFICATION OF DISADVANTAGED COMMUNITY NEEDS. 1. THE DIREC-
TOR, IN COOPERATION WITH THE WORKING GROUP AND THE COMMISSIONERS OF
HEALTH, LABOR AND ENVIRONMENTAL CONSERVATION, SHALL IDENTIFY DISADVAN-
TAGED COMMUNITY NEEDS FOR THE PURPOSES OF IMPLEMENTING THIS SECTION.
2. DISADVANTAGED COMMUNITY NEEDS SHALL BE IDENTIFIED, WITH THE INPUT
OF EXPERTS, LOCAL GOVERNMENT REPRESENTATIVES, PUBLIC UTILITY REPRESEN-
TATIVES, AND OTHER LOCAL STAKEHOLDERS, FOR EACH DISADVANTAGED COMMUNITY
OR SET OF DISADVANTAGED COMMUNITIES.
3. BEFORE FINALIZING THE LIST OF IDENTIFIED DISADVANTAGED COMMUNITY
NEEDS PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE DIRECTOR SHALL
ENSURE THAT THERE ARE MEANINGFUL OPPORTUNITIES FOR PUBLIC COMMENT FOR
ALL PERSONS WHO WILL BE IMPACTED BY THE IDENTIFIED NEEDS, INCLUDING
PERSONS LIVING IN AREAS THAT MAY BE IDENTIFIED AS DISADVANTAGED COMMUNI-
TIES, INCLUDING BY:
(A) PUBLISHING DRAFT IDENTIFIED DISADVANTAGED COMMUNITY NEEDS, AND
MAKING SUCH INFORMATION AVAILABLE ON THE INTERNET;
(B) HOLDING AT LEAST SIX REGIONAL PUBLIC HEARINGS ON THE DRAFT IDENTI-
FIED DISADVANTAGED COMMUNITY NEEDS, INCLUDING THREE MEETINGS IN UPSTATE
REGIONS AND THREE MEETINGS IN DOWNSTATE REGIONS; AND
(C) ALLOWING AT LEAST ONE HUNDRED TWENTY DAYS FOR THE SUBMISSION OF
PUBLIC COMMENT, FOLLOWING THE DATE OF THE PUBLICATION OF DRAFT IDENTI-
FIED DISADVANTAGED COMMUNITY NEEDS DESCRIBED UNDER PARAGRAPH (A) OF THIS
SUBDIVISION.
S. 3616 24
4. THE DIRECTOR, IN COOPERATION WITH THE WORKING GROUP, AND THE
COMMISSIONERS OF HEALTH, LABOR AND ENVIRONMENTAL CONSERVATION OR THEIR
DESIGNEES, SHALL MEET NO LESS THAN THAN ANNUALLY TO REVIEW THE IDENTI-
FIED DISADVANTAGED COMMUNITY NEEDS AND METHODS USED TO IDENTIFY SUCH
NEEDS, AND MAY MODIFY SUCH METHODS TO INCORPORATE NEW DATA AND SCIENTIF-
IC FINDINGS, SUBJECT TO THE SAME PROCESS REQUIREMENTS LISTED UNDER
SUBDIVISION THREE OF THIS SECTION.
§ 1912. COMMUNITY DECISION-MAKING AND ACCOUNTABILITY MECHANISMS. 1.
THE DIRECTOR, IN COOPERATION WITH THE WORKING GROUP AND THE COMMISSION-
ERS OF HEALTH, LABOR AND ENVIRONMENTAL CONSERVATION, SHALL ESTABLISH
CRITERIA FOR APPROPRIATE COMMUNITY DECISION-MAKING PRACTICES FOR THE
PURPOSES OF IMPLEMENTING THIS SECTION.
2. COMMUNITY DECISION-MAKING PRACTICES SHALL BE IDENTIFIED BASED ON
CONSULTATIONS WITH CONSTITUENCY-BASED ORGANIZATIONS, MEMBERS OF DISAD-
VANTAGED COMMUNITIES, AND OTHER STAKEHOLDERS IDENTIFIED BY THE DIRECTOR.
3. BEFORE FINALIZING THE CRITERIA FOR APPROPRIATE COMMUNITY DECISION-
MAKING PRACTICES PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE DIREC-
TOR SHALL ENSURE THAT THERE ARE MEANINGFUL OPPORTUNITIES FOR PUBLIC
COMMENT FOR ALL PERSONS WHO WILL BE IMPACTED BY THE CRITERIA, INCLUDING
PERSONS LIVING IN AREAS THAT MAY BE IDENTIFIED AS DISADVANTAGED COMMUNI-
TIES, INCLUDING BY:
(A) PUBLISHING DRAFT CRITERIA, AND MAKING SUCH INFORMATION AVAILABLE
ON THE INTERNET;
(B) HOLDING AT LEAST SIX REGIONAL PUBLIC HEARINGS ON THE DRAFT CRITE-
RIA, INCLUDING THREE MEETINGS IN THE UPSTATE REGION AND THREE MEETINGS
IN THE DOWNSTATE REGION; AND
(C) ALLOWING AT LEAST ONE HUNDRED TWENTY DAYS FOR THE SUBMISSION OF
PUBLIC COMMENT, FOLLOWING THE DATE OF THE PUBLICATION OF DRAFT CRITERIA
DESCRIBED UNDER PARAGRAPH (A) OF THIS SUBDIVISION.
4. THE DIRECTOR, IN COOPERATION WITH THE WORKING GROUP, AND THE
COMMISSIONERS OF HEALTH, LABOR AND ENVIRONMENTAL CONSERVATION, SHALL
MEET NO LESS THAN ANNUALLY TO REVIEW THE CRITERIA AND METHODS USED TO
IDENTIFY APPROPRIATE COMMUNITY DECISION-MAKING PRACTICES, AND MAY MODIFY
SUCH METHODS TO INCORPORATE NEW DATA AND SCIENTIFIC FINDINGS, SUBJECT TO
THE SAME PROCESS REQUIREMENTS LISTED UNDER SUBDIVISION THREE OF THIS
SECTION.
§ 1913. CRITERIA FOR IMPLEMENTING COMMUNITY ACCOUNTABILITY MECHANISMS.
THE DIRECTOR, IN COOPERATION WITH THE WORKING GROUP, AND THE COMMISSION-
ERS OF HEALTH, LABOR AND ENVIRONMENTAL CONSERVATION, SHALL ESTABLISH
CRITERIA FOR IMPLEMENTING COMMUNITY ACCOUNTABILITY MECHANISMS FOR THE
PURPOSES OF IMPLEMENTING THIS SECTION.
1. CRITERIA FOR IMPLEMENTING COMMUNITY ACCOUNTABILITY MECHANISMS SHALL
BE BASED ON INPUT FROM THE WORKING GROUP.
2. BEFORE FINALIZING THE CRITERIA FOR IMPLEMENTING COMMUNITY ACCOUNT-
ABILITY MECHANISMS PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE
DIRECTOR SHALL ENSURE THAT THERE ARE MEANINGFUL OPPORTUNITIES FOR PUBLIC
COMMENT FOR ALL PERSONS WHO WILL BE IMPACTED BY THE CRITERIA, INCLUDING
PERSONS LIVING IN AREAS THAT MAY BE IDENTIFIED AS DISADVANTAGED COMMUNI-
TIES, INCLUDING BY:
(A) PUBLISHING DRAFT CRITERIA, AND MAKING SUCH INFORMATION AVAILABLE
ON THE INTERNET;
(B) HOLDING AT LEAST SIX REGIONAL PUBLIC HEARINGS ON THE DRAFT CRITE-
RIA, INCLUDING THREE MEETINGS IN THE UPSTATE REGION AND THREE MEETINGS
IN THE DOWNSTATE REGION; AND
S. 3616 25
(C) ALLOWING AT LEAST ONE HUNDRED TWENTY DAYS FOR THE SUBMISSION OF
PUBLIC COMMENT, FOLLOWING THE DATE OF THE PUBLICATION OF DRAFT CRITERIA
DESCRIBED UNDER PARAGRAPH (A) OF THIS SUBDIVISION.
3. THE DIRECTOR, IN COOPERATION WITH THE WORKING GROUP, AND THE
COMMISSIONERS OF HEALTH, LABOR AND ENVIRONMENTAL CONSERVATION, SHALL
MEET NO LESS THAN ANNUALLY TO REVIEW THE CRITERIA AND METHODS USED TO
IDENTIFY COMMUNITY ACCOUNTABILITY MECHANISMS, AND MAY MODIFY SUCH METH-
ODS TO INCORPORATE NEW DATA AND SCIENTIFIC FINDINGS, SUBJECT TO THE SAME
PROCESS REQUIREMENTS LISTED UNDER SUBDIVISION TWO OF THIS SECTION.
§ 1914. CONSULTATION WITH THE WORKING GROUP. IN CONSULTING WITH THE
WORKING GROUP IN THE COURSE OF IMPLEMENTING THE PROGRAM ESTABLISHED
UNDER THIS SUBTITLE, THE AUTHORITY SHALL ADHERE TO THE FOLLOWING PROCE-
DURES:
1. THE DIRECTOR SHALL CONVENE CONSULTATION MEETINGS WITH THE WORKING
GROUP NOT LESS FREQUENTLY THAN FOUR TIMES ANNUALLY;
2. THE DIRECTOR SHALL PROVIDE, TO ALL WORKING GROUP MEMBERS, NOTICE OF
WORKING GROUP MEETINGS NOT LESS THAN ONE MONTH BEFORE THE DATE OF THE
MEETING; AND
3. THE DIRECTOR SHALL PROVIDE, TO ALL WORKING GROUP MEMBERS, ELECTRON-
IC COPIES OR HARD COPIES OF ANY WRITTEN OR OTHER INFORMATIONAL MATERIALS
TO BE DISCUSSED AT A GIVEN WORKING GROUP MEETING NOT LESS THAN ONE MONTH
PRIOR TO THE DATE OF THE MEETING.
§ 1915. DEFINITIONS. FOR THE PURPOSES OF THIS SUBTITLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "ADVISORY COUNCIL" MEANS THE BODY ESTABLISHED UNDER SECTION EIGH-
TEEN HUNDRED NINETY-EIGHT OF THIS ARTICLE.
2. "ELIGIBLE APPLICANT" MEANS A CONSTITUENCY-BASED ORGANIZATION,
TRIBAL NATION, MUNICIPALITY, TRANSIT AGENCY, PORT AUTHORITY, METROPOL-
ITAN PLANNING ORGANIZATIONS, SMALL BUSINESS, MINORITY- OR WOMEN-OWNED
BUSINESS ENTERPRISE OR ANY OTHER ENTITY DEEMED APPROPRIATE BY THE
AUTHORITY.
3. "FUND" MEANS THE CLIMATE JOBS AND INFRASTRUCTURE FUND ESTABLISHED
UNDER SUBDIVISION TWO OF SECTIONS THREE THOUSAND FORTY-SIX OF THE TAX
LAW.
4. "MINORITY- OR WOMEN-OWNED BUSINESS ENTERPRISE" MEANS EITHER A
"MINORITY-OWNED BUSINESS ENTERPRISE" AS DEFINED IN SUBDIVISION SEVEN OF
SECTION THREE HUNDRED TEN OF THE EXECUTIVE LAW, OR A "WOMEN-OWNED BUSI-
NESS ENTERPRISE", AS DEFINED IN SUBDIVISION FIFTEEN OF SUCH SECTION.
5. "PROGRAM" MEANS THE CLIMATE JOBS AND INFRASTRUCTURE PROGRAM ESTAB-
LISHED UNDER THIS SUBTITLE.
6. "THIRD-PARTY ENTITIES" MEANS PRIVATE SECTOR ENTITIES, ACADEMIC
INSTITUTIONS, NON-PROFIT ORGANIZATIONS AND OTHER STAKEHOLDERS THAT ARE
NOT ELIGIBLE APPLICANTS.
§ 1916. ESTABLISHMENT OF CLIMATE JOBS AND INFRASTRUCTURE PROGRAM.
THERE IS HEREBY ESTABLISHED WITHIN THE AUTHORITY, A CLIMATE JOBS AND
INFRASTRUCTURE PROGRAM, WHICH SHALL DISBURSE FUNDS FROM THE CLIMATE JOBS
AND INFRASTRUCTURE FUND PURSUANT TO THE GOALS ESTABLISHED UNDER SECTION
NINETEEN HUNDRED EIGHTEEN OF THIS SUBTITLE.
§ 1917. ADMINISTRATION BY THE AUTHORITY. WITHIN SIX MONTHS OF THE
EFFECTIVE DATE OF THIS SUBTITLE, THE AUTHORITY IS HEREBY AUTHORIZED AND
DIRECTED TO ESTABLISH AND ADMINISTER THE CLIMATE JOBS AND INFRASTRUCTURE
PROGRAM. THE AUTHORITY SHALL IMPLEMENT THE PROGRAM IN CONSULTATION WITH
THE ADVISORY COUNCIL, THE PUBLIC SERVICE COMMISSION, THE NEW YORK INDE-
PENDENT SYSTEM OPERATOR, AND THE DEPARTMENTS OF TRANSPORTATION, ENVIRON-
MENTAL CONSERVATION, HEALTH AND LABOR. THE AUTHORITY IS AUTHORIZED AND
DIRECTED TO TAKE THE FOLLOWING STEPS:
S. 3616 26
1. USING MONIES MADE AVAILABLE FROM THE FUND TO ACHIEVE THE GOALS OF
THE PROGRAM OUTLINED IN SECTION NINETEEN HUNDRED EIGHTEEN OF THIS SUBTI-
TLE;
2. ENTERING INTO CONTRACTS WITH ELIGIBLE APPLICANTS AND OTHER ENTITIES
THROUGH THE COMPETITIVE SELECTION PROCESS AUTHORIZED BY THIS SUBTITLE;
3. USING FROM THE MONIES MADE AVAILABLE FOR THE PROGRAM, NOT IN EXCESS
OF TWO PERCENT OF ANNUAL FUND PROCEEDS, ITS OWN NECESSARY AND DOCUMENTED
COSTS INCURRED IN ADMINISTERING THE PROGRAM, INCLUDING PROGRAM EVALU-
ATION; COMPENSATION, AT ANY AMOUNT TO BE DETERMINED BY THE AUTHORITY,
FOR MEMBERS OF THE ADVISORY COUNCIL; AND COMPENSATION FOR AT LEAST ONE
FULL-TIME AUTHORITY STAFF PERSON DEDICATED TO SUPPORTING THE ADVISORY
COUNCIL; AND
4. EXERCISING SUCH OTHER POWERS AS ARE NECESSARY FOR THE PROPER ADMIN-
ISTRATION OF THE PROGRAM.
§ 1918. ALLOCATION OF FUNDS. 1. FUNDS FROM THE CLIMATE JOBS AND
INFRASTRUCTURE FUND SHALL BE DISBURSED UNDER THE CLIMATE JOBS AND
INFRASTRUCTURE PROGRAM TO ACHIEVE QUANTIFIABLE, VERIFIABLE, AND SIGNIF-
ICANT REDUCTIONS IN GREENHOUSE GAS EMISSIONS AND OF REGULATED AIR
CONTAMINANTS WHILE ACHIEVING THE GENERAL GOALS SPECIFIED IN SUBDIVISION
TWO OF THIS SECTION.
2. IN ADDITION TO MEETING THE GOALS SPECIFIED IN SUBDIVISION ONE OF
THIS SECTION, FUNDS SHALL BE DISBURSED TO MEET THE FOLLOWING GOALS:
(A) JOB CREATION, PURSUANT TO THE STANDARDS ESTABLISHED UNDER ARTICLE
EIGHT-B OF THE LABOR LAW, INCLUDING OPPORTUNITIES FOR NEW ENTRANTS INTO
THE STATE'S WORKFORCE, AND THE LONG-TERM UNEMPLOYED OR DISPLACED WORK-
ERS, AND THE DEVELOPMENT OF AN IN-STATE MANUFACTURING AND SUPPLY CHAIN
FOR CLEAN ENERGY TECHNOLOGIES;
(B) FUNDING LARGE-SCALE PROJECTS, INCLUDING THOSE THAT MAY SPAN MULTI-
PLE COMMUNITIES OR REGIONS;
(C) REDUCING GREENHOUSE GAS EMISSIONS AND ENERGY COSTS THROUGH
IMPROVEMENTS IN ENERGY EFFICIENCY, ENERGY CONSERVATION, LOAD BALANCING,
ENERGY STORAGE AND THE INSTALLATION OF CLEAN ENERGY TECHNOLOGIES;
(D) ACHIEVING ADVANCEMENTS IN SOCIAL EQUITY, INCLUDING PROMOTING
COMMUNITY OWNERSHIP AND GOVERNANCE OF ENERGY PRODUCTION, AND SUPPORTING
SUSTAINABLE LOCAL ECONOMIC DEVELOPMENT;
(E) ELECTRIFICATION OF EQUIPMENT AND APPLIANCES FOR RESIDENTIAL,
COMMERCIAL AND INDUSTRIAL APPLICATIONS;
(F) PROMOTING THE PARTICIPATION OF PRIVATE CAPITAL, MUNICIPAL GOVERN-
MENTS AND TRIBAL NATIONS IN ACHIEVING THE GOALS STATED IN THIS SECTION
AND THE USE OF INNOVATIVE FINANCING MECHANISMS TO FINANCE ENERGY EFFI-
CIENCY IMPROVEMENTS THROUGH ENERGY COST SAVINGS; AND
(G) ENCOURAGING THE DEVELOPMENT OF PROGRAMS TO SUPPORT COMMUNITIES
WITH HIGH CUMULATIVE ENVIRONMENTAL BURDEN, HIGH PEAK ENERGY LOAD, AND
AGING HOUSING STOCK IN ORDER TO PRESERVE AFFORDABLE HOUSING.
3. EVERY FIVE YEARS, THE AUTHORITY, IN CONSULTATION WITH THE ADVISORY
COUNCIL, SHALL DESIGNATE PRIORITY PROJECT TYPES FOR INVESTMENTS BASED ON
CAPITAL FUNDING NEEDS, THE POTENTIAL FOR GREENHOUSE GAS EMISSION
REDUCTIONS, AND THE POTENTIAL FOR REGIONAL JOB CREATION. THESE PRIORI-
TIES SHALL GUIDE THE AUTHORITY IN SOLICITING PROPOSALS AND SELECTING
PROJECTS. THE FIRST FIVE YEARS OF FUNDING SHALL PRIORITIZE INVESTMENT
IN:
(A) PUBLIC TRANSIT, WITH SPECIAL PRIORITY FOR INTRA-CITY TRANSIT
MODES, IN UPSTATE REGIONS AND IN OTHER UNDERSERVED REGIONS OF THE STATE,
INCLUDING THROUGH: SUBSIDIZING TRANSIT RATE REDUCTIONS, THE ESTABLISH-
MENT OF NEW TRANSIT ROUTES, AND IMPROVEMENTS IN TRANSIT SERVICE (INCLUD-
ING INCREASED FREQUENCY, ACCESSIBILITY AND SAFETY), ESPECIALLY TO BETTER
S. 3616 27
SERVE LOW- TO MODERATE-INCOME INDIVIDUALS; CREATING "JOURNEY TO WORK"
ROUTES, DEDICATED TO CREATING ACCESS TO MAJOR AREAS OF EMPLOYMENT IN
BOTH URBAN AND NON-URBAN AREAS, ESPECIALLY ROUTES CONNECTING NON-URBAN
AREAS WITHOUT NECESSITATING A TRIP THROUGH THE CENTRAL CITY; DIRECTING
INFRASTRUCTURE FUNDING, INCLUDING THROUGH VARIOUS APPROACHES TO SUPPORT-
ING BONDING, REVOLVING LOAN FUNDS AND OTHER FINANCING MECHANISMS; AND
SUBSIDIZING ELECTRIC AND ZERO-EMISSIONS VEHICLES AND INFRASTRUCTURE,
INCLUDING CHARGING INFRASTRUCTURE AND ENERGY STORAGE TECHNOLOGIES;
(B) ENERGY EFFICIENCY AND CONSERVATION PROJECTS, INCLUDING PROJECTS IN
PUBLIC BUILDINGS, AND INCENTIVES FOR NEW PRIVATE BUILDINGS THAT ACHIEVE
HIGH EFFICIENCY OR NET-ZERO STATUS AND FOR RETROFITS OF EXISTING BUILD-
INGS, PROVIDING THAT LANDLORDS WHO RECEIVE RETROFIT FUNDS OR FINANCIAL
ASSISTANCE OF ANY KIND UNDER THIS PROGRAM NOT BE ALLOWED TO INCLUDE SUCH
INVESTMENTS AS MAJOR CAPITAL IMPROVEMENTS OR INDIVIDUAL APARTMENT
ASSESSMENTS IN ORDER TO RAISE RENTS TO RECOUP COSTS IN RENT-REGULATED
HOUSING;
(C) LARGE SCALE RENEWABLE ENERGY PROJECTS, COMMUNITY-OWNED RENEWABLE
ENERGY PROJECTS, SUCH AS COMMUNITY SOLAR AND COMMUNITY WIND PROJECTS,
AND PUBLICLY-OWNED RENEWABLE ENERGY PROJECTS, INCLUDING PROJECTS ON
PUBLIC BUILDINGS AND LAND;
(D) PORT FACILITY ELECTRIFICATION AND SUSTAINABILITY MEASURES, INCLUD-
ING AT THE PORT OF ALBANY, THE PORT OF BUFFALO, AND THE NEW YORK CITY
WATERFRONT INCLUDING HUNTS POINT AND SUNSET PARK; AND
(E) ELECTRIC GRID UPGRADES WITHIN NEW YORK, INCLUDING THE CONSTRUCTION
OF ELECTRICITY TRANSMISSION, ENERGY STORAGE AND SMART GRID INFRASTRUC-
TURE, AND INCLUDING SUPPORT FOR ESTABLISHING ELECTRIC VEHICLE INFRAS-
TRUCTURE AND SYSTEMS TO OPTIMIZE DISTRIBUTED ENERGY RESOURCES.
4. IN ADDITION TO ALLOCATING FUNDS UNDER THE PROGRAM TO ACHIEVE THE
GOALS AND PRIORITIES OUTLINED IN THIS SECTION, THE AUTHORITY SHALL ALLO-
CATE FUNDS FOR THE PURPOSES OF PROVIDING TECHNICAL ASSISTANCE TO ELIGI-
BLE APPLICANTS. SUCH TECHNICAL ASSISTANCE SHALL INCLUDE ASSISTANCE WITH:
DEVELOPING PROJECT PROPOSALS; IMPLEMENTING PROJECT PROPOSALS; CONDUCTING
ANALYSIS AND REPORTING ON PROJECTS IMPLEMENTED UNDER THE PROGRAM; AND
OTHER NEEDS IDENTIFIED BY THE AUTHORITY.
§ 1919. FUNDING INSTRUMENTS. THE AUTHORITY, IN CONSULTATION WITH THE
ADVISORY COUNCIL, SHALL DETERMINE THE APPROPRIATE INSTRUMENT, OR VARIETY
OF INSTRUMENTS, INCLUDING GRANTS, LOAN GUARANTEES, INCENTIVES, BOND
PAYMENTS, LOAN PROGRAMS, AND OTHER MECHANISMS FOR ACHIEVING THE GOALS
STATED IN SECTION NINETEEN HUNDRED EIGHTEEN OF THIS SUBTITLE.
§ 1920. SELECTION PROCESS AND CRITERIA. THE AUTHORITY IS AUTHORIZED,
WITHIN AMOUNTS APPROPRIATED, TO DISBURSE FUNDS FROM THE FUND TO ELIGIBLE
APPLICANTS ON A COMPETITIVE BASIS.
1. THE AUTHORITY, IN CONSULTATION WITH THE ADVISORY COUNCIL, SHALL
DEVELOP CRITERIA AND A PROCESS FOR SELECTING PROJECT PROPOSALS SUBMITTED
BY ELIGIBLE APPLICANTS UNDER THIS SUBTITLE.
2. IN SELECTING PROJECTS AND DISTRIBUTING FUNDS, THE AUTHORITY SHALL
INCLUDE THE FOLLOWING CRITERIA:
(A) THE EXTENT TO WHICH THE PROJECT MEETS EACH OF THE GOALS SET FORTH
IN SUBDIVISIONS ONE AND TWO OF SECTION NINETEEN HUNDRED EIGHTEEN OF THIS
SUBTITLE;
(B) WHETHER THE PROJECT FALLS UNDER A PRIORITY AREA FOR INVESTMENT FOR
THE FIVE-YEAR PERIOD;
(C) WHETHER THE PROJECT WILL BENEFIT GEOGRAPHIC AREAS WHERE ENERGY
COSTS ARE PARTICULARLY HIGH IN RELATION TO A MEASURE OF MEDIAN HOUSEHOLD
INCOME AS DETERMINED BY THE AUTHORITY; OR WHICH HAVE BEEN DESIGNATED AS
S. 3616 28
A NONATTAINMENT AREA FOR ONE OR MORE POLLUTANTS PURSUANT TO SECTION 107
OF THE FEDERAL CLEAN AIR ACT (42 U.S.C. SECTION 7407);
(D) WHETHER THE APPLICANTS INCLUDE SIGNIFICANT PARTICIPATION BY MINOR-
ITY- AND WOMEN-OWNED BUSINESS ENTERPRISES; AND
(E) THE EXTENT TO WHICH PROJECTS WOULD NOT OTHERWISE BE COMPLETED
WITHOUT THE SUPPORT OF THE PROGRAM.
3. IN ALLOCATING FUNDS, THE AUTHORITY SHALL ALSO, WHERE POSSIBLE, AIM
TO GEOGRAPHICALLY DISTRIBUTE FUNDS IN AN EQUITABLE MANNER ACROSS THE
STATE, TAKING INTO ACCOUNT POPULATION DENSITY.
4. THE AUTHORITY SHALL ENCOURAGE ELIGIBLE APPLICANTS TO PROPOSE
PROJECTS IN PARTNERSHIP WITH OTHER ELIGIBLE APPLICANTS, AND WITH THIRD-
PARTY ENTITIES.
§ 1921. CONSULTATION WITH THE ADVISORY COUNCIL. IN CONSULTING WITH THE
ADVISORY COUNCIL IN THE COURSE OF IMPLEMENTING THE PROGRAM ESTABLISHED
UNDER THIS SUBTITLE, THE AUTHORITY SHALL:
1. CONVENE CONSULTATION MEETINGS WITH THE ADVISORY COUNCIL NOT LESS
FREQUENTLY THAN FOUR TIMES ANNUALLY;
2. PROVIDE NOTICE OF ADVISORY COUNCIL MEETINGS TO ALL ADVISORY COUNCIL
MEMBERS NOT LESS THAN THIRTY DAYS BEFORE THE DATE OF THE MEETING; AND
3. PROVIDE ELECTRONIC COPIES OR HARD COPIES OF ANY WRITTEN OR OTHER
INFORMATIONAL MATERIALS TO BE DISCUSSED AT A GIVEN ADVISORY COUNCIL
MEETING TO ALL ADVISORY COUNCIL MEMBERS NOT LESS THAN THIRTY DAYS PRIOR
TO THE DATE OF THE MEETING.
§ 1922. COMPREHENSIVE APPROACH TO EXISTING STRUCTURES. IN CONSULTATION
WITH THE ADVISORY COUNCIL, THE DEPARTMENT OF STATE, DEPARTMENT OF HOMES
AND COMMUNITY RENEWAL, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, AND
OTHER RELEVANT STAKEHOLDERS, THE AUTHORITY SHALL:
1. DEVELOP A MASTER PLAN TO:
(A) ENSURE A COMPREHENSIVE APPROACH EXISTS TO IMPROVE BUILDING ENERGY
EFFICIENCY THAT INCLUDES ALL OF THE STATE'S EXISTING BUILDINGS;
(B) ENSURE THAT THE STATE MEETS ITS ENERGY EFFICIENCY GOALS;
(C) REDUCES ENERGY USE IN ALL EXISTING STRUCTURES AND NEW BUILDINGS;
(D) IMPROVES AND PROTECTS HOUSING AFFORDABILITY; AND
(E) INCORPORATES HEALTH AND SAFETY ASSESSMENTS AND IMPROVEMENTS.
2. THE MASTER PLAN WILL SPECIFICALLY INCLUDE RECOMMENDATIONS FOR COOR-
DINATED CHANGES TO THE BUILDING AND ENERGY CODES, ENERGY EFFICIENCY
PROGRAMS ADMINISTERED BY THE STATE AND OTHERS, AND SPENDING PURSUANT TO
THE CLIMATE AND COMMUNITY INVESTMENT ACT, IN ORDER TO ENSURE THAT MOST
BUILDINGS RECEIVE DEEP ENERGY EFFICIENCY RETROFITS THAT INCLUDE ASSESS-
MENT AND IMPROVEMENTS TO HEALTH AND SAFETY.
3. TO PREPARE THE MASTER PLAN, THE AUTHORITY SHALL CONVENE RELEVANT
STAKEHOLDERS IN EACH REGION OF THE STATE AT LEAST ONCE GIVING AT LEAST
NINETY DAYS' NOTICE OF THE PROPOSED MEETING IN ORDER FOR THE PUBLIC TO
ATTEND.
§ 8. The tax law is amended by adding two new articles 42 and 43 to
read as follows:
ARTICLE 42
CLIMATE POLLUTION FEE
SECTION 3039. DEFINITIONS.
3040. IMPOSITION OF CARBON POLLUTION FEE.
3041. AMOUNT OF FEE.
3042. APPLICABLE ENTITIES.
3043. CALCULATION OF EMISSIONS FACTORS.
3044. EXEMPTIONS AND DEDUCTIONS.
3045. EMISSIONS LEAKAGE MITIGATION POLICY.
3046. CREATION OF TRUST FUNDS.
S. 3616 29
3047. REPORTING.
§ 3039. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "AUTHORITY" SHALL HAVE THE SAME MEANING AS IN SUBDIVISION TWO OF
SECTION EIGHTEEN HUNDRED FIFTY-ONE OF THE PUBLIC AUTHORITIES LAW.
2. "BORDER CARBON ADJUSTMENT" MEANS A POLICY MEASURE TO ADDRESS EMIS-
SIONS LEAKAGE THAT ADJUSTS THE PRICE OF A GOOD, AT THE POINT OF THE
IMPORTATION INTO THE STATE OF GOODS THAT REQUIRE EMISSIONS OF GREENHOUSE
GASES FOR THEIR PRODUCTION OR OPERATION, OR EXPORT FROM THE STATE, TO
REFLECT THE KNOWN OR ESTIMATED GREENHOUSE GAS EMISSIONS QUANTITIES ASSO-
CIATED WITH THE PRODUCTION OF SUCH GOOD.
3. "CARBON-BASED FUEL" MEANS COAL, A PETROLEUM PRODUCT, NATURAL GAS,
METHANE, MUNICIPAL SOLID WASTE (OR ANY OTHER FEEDSTOCKS USED FOR WASTE-
TO-ENERGY CONVERSIONS), OR BIOMASS THAT MAY BE A SOURCE OF GREENHOUSE
GAS EMISSIONS THROUGH COMBUSTION AND FUGITIVE EMISSIONS.
4. "CARBON DIOXIDE EQUIVALENT" AND "CO2E" MEAN THE AMOUNT OF CARBON
DIOXIDE BY MASS THAT WOULD PRODUCE THE SAME GLOBAL WARMING IMPACT AS A
GIVEN MASS OF ANOTHER GREENHOUSE GAS OVER AN INTEGRATED TWENTY-YEAR
TIMEFRAME AFTER EMISSION, BASED ON THE BEST AVAILABLE SCIENCE.
5. "REGULATED AIR CONTAMINANT" SHALL HAVE THE SAME MEANING AS IN
SUBDIVISION TWENTY-TWO OF SECTION 19-0107 OF THE ENVIRONMENTAL CONSERVA-
TION LAW.
6. "COMMISSIONER" MEANS THE COMMISSIONER OF TAXATION AND FINANCE.
7. "DISADVANTAGED COMMUNITIES" MEANS COMMUNITIES THAT BEAR BURDENS OF
NEGATIVE PUBLIC HEALTH EFFECTS, ENVIRONMENTAL POLLUTION, IMPACTS OF
CLIMATE CHANGE, AND POSSESS CERTAIN SOCIOECONOMIC CRITERIA, AS IDENTI-
FIED PURSUANT TO SECTION 74-0103 OF THE ENVIRONMENTAL CONSERVATION LAW.
8. "DOWNSTATE REGION" MEANS THE COUNTIES OF RICHMOND, KINGS, QUEENS,
NEW YORK, BRONX, WESTCHESTER, NASSAU AND SUFFOLK.
9. "EMISSIONS LEAKAGE" MEANS AN INCREASE IN EMISSIONS OUTSIDE OF THE
STATE, AS A RESULT OF, OR IN CORRELATION WITH, THE IMPLEMENTATION OF
MEASURES WITHIN THE STATE TO LIMIT SUCH EMISSIONS.
10. "FUGITIVE EMISSIONS" MEANS THOSE EMISSIONS OF A GREENHOUSE GAS
THAT ARE RELEASED DURING EXTRACTION, TRANSPORTATION OF FUEL, DURING
PROCESSING, AND DUE TO LEAKS DURING INDUSTRIAL PROCESSES OR AT SOLID
WASTE AND WASTEWATER MANAGEMENT SITES.
11. "GREENHOUSE GAS" SHALL HAVE THE SAME MEANING AS IN SUBDIVISION
EIGHT OF SECTION 19-1301 OF THE ENVIRONMENTAL CONSERVATION LAW.
12. "GREENHOUSE GAS EMISSION SOURCE" OR "SOURCE" MEANS ANY ANTHROPO-
GENIC SOURCE OR CATEGORY OF ANTHROPOGENIC SOURCES OF GREENHOUSE GAS
EMISSIONS.
13. "INDUSTRIAL PROCESSES" MEANS THOSE PROCESSES THAT INCLUDE FOSSIL
FUEL EXTRACTION, THE OPERATION OF FUEL PROCESSING PLANTS, PIPELINE OPER-
ATIONS AND OTHER FUEL TRANSPORT, THE OPERATION OF FUEL REFINERIES, AND
OTHER PROCESSES INVOLVED IN THE EXTRACTION, REFINEMENT OR TRANSPORT OF
CARBON-BASED FUELS.
14. "LIFE CYCLE ANALYSIS" MEANS A METHOD FOR CALCULATING GREENHOUSE
GAS EMISSIONS THAT ENCOMPASSES EMISSIONS THAT ARE RELEASED OR SEQUES-
TERED DURING ALL PHASES OF A FUEL OR OTHER PRODUCT'S LIFE, INCLUDING
THOSE EMISSIONS RELEASED DURING EXTRACTION, PROCESSING, TRANSPORT,
DISTRIBUTION, COMBUSTION (OR SOME OTHER FORM OF CONSUMPTION), AND
DISPOSAL. SUCH TERM SHALL INCLUDE CO2E THAT IS SEQUESTERED DURING
BIOLOGICAL PROCESSES, PERTAINING TO BIOMASS FUEL.
15. "PETROLEUM PRODUCT" MEANS ALL PETROLEUM DERIVATIVES, WHETHER IN
BOND OR NOT, WHICH ARE COMMONLY BURNED TO PRODUCE HEAT, ELECTRICITY, OR
MOTION, OR WHICH ARE COMMONLY PROCESSED TO PRODUCE SYNTHETIC GAS FOR
S. 3616 30
BURNING, INCLUDING WITHOUT LIMITATION, PROPANE, GASOLINE, UNLEADED GASO-
LINE, KEROSENE, HEATING OIL, DIESEL FUEL, KEROSENE BASED JET FUEL, AND
NUMBER 4, NUMBER 5 AND RESIDUAL OIL FOR UTILITY AND NON-UTILITY USES,
BUT NOT INCLUDING, PETROLEUM FEEDSTOCKS TO PLASTICS PRODUCTION OR OTHER
MANUFACTURING.
16. "UPSTATE REGION" MEANS ALL NEW YORK COUNTIES OTHER THAN NASSAU,
SUFFOLK, RICHMOND, KINGS, QUEENS, NEW YORK, BRONX AND WESTCHESTER.
17. "WORKING GROUP" MEANS THE CLIMATE JUSTICE WORKING GROUP CREATED
PURSUANT TO SECTION 74-0103 OF THE ENVIRONMENTAL CONSERVATION LAW.
§ 3040. IMPOSITION OF CARBON POLLUTION FEE. THERE IS HEREBY IMPOSED
UPON ANY APPLICABLE ENTITY, AS SPECIFIED UNDER SECTION THREE THOUSAND
FORTY-TWO OF THIS ARTICLE, A FEE, IN AN AMOUNT DETERMINED UNDER SECTION
THREE THOUSAND FORTY-ONE OF THIS ARTICLE, ON:
1. ANY CARBON-BASED FUEL SOLD, USED, OR BROUGHT INTO THE STATE BY AN
APPLICABLE ENTITY AS DEFINED IN SECTION THREE THOUSAND FORTY-TWO OF THIS
ARTICLE; AND
2. ANY FUGITIVE EMISSIONS OF METHANE EMITTED IN THE STATE BY AN APPLI-
CABLE ENTITY.
§ 3041. AMOUNT OF FEE. 1. THE AMOUNT OF THE FEE IMPOSED BY SECTION
THREE THOUSAND FORTY OF THIS ARTICLE, PER SHORT TON OF CARBON DIOXIDE
EQUIVALENT CONTENT THAT WOULD BE EMITTED THROUGH THE COMBUSTION OF SUCH
PRODUCT, AS DETERMINED BY THE COMMISSIONER IN CONSULTATION WITH THE
COMMISSIONER OF ENVIRONMENTAL CONSERVATION, PURSUANT TO THIS ARTICLE,
SHALL BE EQUAL TO:
(A) FOR ANY CARBON-BASED FUEL SOLD, USED, OR ENTERED INTO THE STATE
DURING CALENDAR YEAR TWO THOUSAND NINETEEN, THIRTY-FIVE DOLLARS;
(B) FOR ANY CARBON-BASED FUEL SOLD, USED, OR ENTERED INTO THE STATE
DURING ANY CALENDAR YEAR AFTER TWO THOUSAND NINETEEN AND BEFORE TWO
THOUSAND TWENTY-THREE, AN AMOUNT EQUAL TO THE SUM OF:
(I) THE PRODUCT OF THE AMOUNT IN EFFECT UNDER THIS SUBDIVISION FOR THE
PRECEDING CALENDAR YEAR AND ONE HUNDRED FIVE PERCENT, AND
(II) THE PRODUCT OF THE AMOUNT DETERMINED UNDER SUBPARAGRAPH (I) OF
THIS PARAGRAPH FOR SUCH YEAR AND A COST-OF-LIVING, OR INFLATION, ADJUST-
MENT USING THE UNITED STATES BUREAU OF LABOR STATISTICS CONSUMER PRICE
INDEX OR, IF THAT INDEX IS NOT AVAILABLE, ANOTHER INDEX ADOPTED BY THE
COMMISSIONER;
(C) FOR ANY CARBON-BASED FUEL SOLD, USED, OR ENTERED INTO THE STATE
DURING ANY CALENDAR YEAR AFTER TWO THOUSAND TWENTY-TWO AND BEFORE TWO
THOUSAND THIRTY-THREE, AN AMOUNT EQUAL TO THE SUM OF:
(I) THE PRODUCT OF THE AMOUNT IN EFFECT UNDER THIS SUBDIVISION FOR THE
PRECEDING CALENDAR YEAR, AND:
(A) ONE HUNDRED TWO PERCENT IF THE MOST RECENT FIVE-YEAR ENVIRONMENTAL
INTEGRITY METRIC, DESCRIBED UNDER PARAGRAPH (A) OF SUBDIVISION TWO OF
THIS SECTION, IS LESS THAN MINUS FIVE PERCENT;
(B) ONE HUNDRED FIVE PERCENT IF THE MOST RECENT FIVE-YEAR ENVIRON-
MENTAL INTEGRITY METRIC, DESCRIBED UNDER PARAGRAPH (A) OF SUBDIVISION
TWO OF THIS SECTION, IS GREATER THAN OR EQUAL TO MINUS FIVE PERCENT AND
LESS THAN FIVE PERCENT;
(C) ONE HUNDRED SEVEN PERCENT IF THE MOST RECENT FIVE-YEAR ENVIRON-
MENTAL INTEGRITY METRIC, DESCRIBED UNDER PARAGRAPH (A) OF SUBDIVISION
TWO OF THIS SECTION, IS GREATER THAN OR EQUAL TO FIVE PERCENT AND LESS
THAN TEN PERCENT;
(D) ONE HUNDRED TEN PERCENT IF THE MOST RECENT FIVE-YEAR ENVIRONMENTAL
INTEGRITY METRIC, DESCRIBED UNDER PARAGRAPH (A) OF SUBDIVISION TWO OF
THIS SECTION, IS GREATER THAN OR EQUAL TO TEN PERCENT; AND
S. 3616 31
(II) THE PRODUCT OF THE AMOUNT DETERMINED UNDER SUBPARAGRAPH (I) OF
THIS PARAGRAPH FOR SUCH YEAR AND A COST-OF-LIVING, OR INFLATION, ADJUST-
MENT USING THE UNITED STATES BUREAU OF LABOR STATISTICS CONSUMER PRICE
INDEX OR, IF THAT INDEX IS NOT AVAILABLE, ANOTHER INDEX ADOPTED BY THE
COMMISSIONER;
(D) FOR ANY CARBON-BASED FUEL SOLD, USED, OR ENTERED INTO THE STATE
DURING ANY CALENDAR YEAR AFTER TWO THOUSAND THIRTY-TWO AND BEFORE TWO
THOUSAND FIFTY-TWO, AN AMOUNT EQUAL TO THE SUM OF:
(I) THE PRODUCT OF THE AMOUNT IN EFFECT UNDER THIS SUBDIVISION FOR THE
PRECEDING CALENDAR YEAR, AND:
(A) ONE HUNDRED TWO PERCENT IF THE MOST RECENT FIVE-YEAR ENVIRONMENTAL
INTEGRITY METRIC, DESCRIBED UNDER PARAGRAPH (A) OF SUBDIVISION TWO OF
THIS SECTION, IS LESS THAN MINUS FIVE PERCENT, AND THE MOST RECENT CUMU-
LATIVE ENVIRONMENTAL INTEGRITY METRIC, DESCRIBED UNDER PARAGRAPH (B) OF
SUBDIVISION TWO OF THIS SECTION, IS LESS THAN MINUS ONE PERCENT;
(B) ONE HUNDRED FIVE PERCENT IF:
I. THE MOST RECENT FIVE-YEAR ENVIRONMENTAL INTEGRITY METRIC, DESCRIBED
UNDER PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, IS GREATER THAN
OR EQUAL TO MINUS FIVE PERCENT AND LESS THAN FIVE PERCENT, AND THE MOST
RECENT CUMULATIVE ENVIRONMENTAL INTEGRITY METRIC, DESCRIBED UNDER PARA-
GRAPH (B) OF SUBDIVISION TWO OF THIS SECTION, IS LESS THAN TWO PERCENT;
OR
II. THE MOST RECENT CUMULATIVE ENVIRONMENTAL INTEGRITY METRIC,
DESCRIBED UNDER PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION, IS
GREATER THAN OR EQUAL TO MINUS ONE PERCENT AND LESS THAN TWO PERCENT,
AND THE MOST RECENT FIVE-YEAR ENVIRONMENTAL INTEGRITY METRIC, DESCRIBED
UNDER PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, IS LESS THAN
FIVE PERCENT; AND
(C) ONE HUNDRED SEVEN PERCENT IF:
I. THE MOST RECENT FIVE-YEAR ENVIRONMENTAL INTEGRITY METRIC, DESCRIBED
UNDER PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, IS GREATER THAN
OR EQUAL TO FIVE PERCENT AND LESS THAN TEN PERCENT, AND IF THE MOST
RECENT CUMULATIVE ENVIRONMENTAL INTEGRITY METRIC, DESCRIBED UNDER PARA-
GRAPH (B) OF SUBDIVISION TWO OF THIS SECTION, IS LESS THAN THREE
PERCENT; OR
II. THE MOST RECENT CUMULATIVE ENVIRONMENTAL INTEGRITY METRIC,
DESCRIBED UNDER PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION, IS
GREATER THAN OR EQUAL TO TWO PERCENT AND LESS THAN THREE PERCENT, AND
THE MOST RECENT FIVE-YEAR ENVIRONMENTAL INTEGRITY METRIC, DESCRIBED
UNDER PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, IS LESS THAN TEN
PERCENT; AND
(D) ONE HUNDRED TEN PERCENT IF:
I. THE MOST RECENT FIVE-YEAR ENVIRONMENTAL INTEGRITY METRIC, DESCRIBED
UNDER PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, IS GREATER THAN
OR EQUAL TO TEN PERCENT; OR
II. THE MOST RECENT CUMULATIVE ENVIRONMENTAL INTEGRITY METRIC,
DESCRIBED UNDER PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION, IS
GREATER THAN OR EQUAL TO THREE PERCENT; AND
(II) THE PRODUCT OF THE AMOUNT DETERMINED UNDER SUBPARAGRAPH (I) OF
THIS PARAGRAPH FOR SUCH YEAR AND A COST-OF-LIVING, OR INFLATION, ADJUST-
MENT USING THE UNITED STATES BUREAU OF LABOR STATISTICS CONSUMER PRICE
INDEX OR, IF THAT INDEX IS NOT AVAILABLE, ANOTHER INDEX ADOPTED BY THE
COMMISSIONER;
(E) FOR ANY CARBON-BASED FUEL SOLD, USED, OR ENTERED INTO THE STATE
DURING ANY CALENDAR YEAR AFTER TWO THOUSAND FIFTY-ONE, AN AMOUNT EQUAL
TO THE SUM OF:
S. 3616 32
(I) THE AMOUNT IN EFFECT UNDER THIS SUBDIVISION FOR THE PRECEDING
CALENDAR YEAR; AND
(II) THE PRODUCT OF THE AMOUNT DETERMINED UNDER SUBPARAGRAPH (I) OF
THIS PARAGRAPH FOR SUCH YEAR AND A COST-OF-LIVING, OR INFLATION, ADJUST-
MENT USING THE UNITED STATES BUREAU OF LABOR STATISTICS CONSUMER PRICE
INDEX OR, IF THAT INDEX IS NOT AVAILABLE, ANOTHER INDEX ADOPTED BY THE
COMMISSIONER.
2. IN TWO THOUSAND TWENTY-TWO, AND EVERY FIVE YEARS THEREAFTER, THE
COMMISSIONER SHALL, IN CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION:
(A) CALCULATE THE FIVE-YEAR ENVIRONMENTAL INTEGRITY METRIC, WHICH
SHALL EQUAL A FRACTION, EXPRESSED AS A PERCENTAGE:
(I) THE NUMERATOR OF WHICH IS:
(A) THE SUM OF THE QUANTITY OF ACTUAL STATEWIDE GREENHOUSE GAS EMIS-
SIONS, MEASURED IN SHORT TONS CO2E, IN EACH OF THE PRECEDING FIVE YEARS,
MINUS
(B) THE SUM OF THE QUANTITY OF TARGET STATEWIDE GREENHOUSE GAS EMIS-
SIONS, MEASURED IN SHORT TONS CO2E, IN EACH OF THE PRECEDING FIVE YEARS,
PURSUANT TO SUBDIVISION FOUR OF THIS SECTION; AND
(II) THE DENOMINATOR OF WHICH IS THE SUM OF THE QUANTITY OF TARGET
STATEWIDE GREENHOUSE GAS EMISSIONS, MEASURED IN SHORT TONS CO2E, IN EACH
OF THE PRECEDING FIVE YEARS, PURSUANT TO SUBDIVISION FOUR OF THIS
SECTION; AND
(B) CALCULATE THE CUMULATIVE ENVIRONMENTAL INTEGRITY METRIC, WHICH
SHALL EQUAL A FRACTION, EXPRESSED AS A PERCENTAGE:
(I) THE NUMERATOR OF WHICH IS:
(A) THE SUM OF THE QUANTITY OF ACTUAL STATEWIDE GREENHOUSE GAS EMIS-
SIONS, MEASURED IN SHORT TONS CO2E, IN EACH OF THE PRECEDING YEARS THAT
ARE AFTER TWO THOUSAND EIGHTEEN, MINUS
(B) THE SUM OF THE QUANTITY OF TARGET STATEWIDE GREENHOUSE GAS EMIS-
SIONS, MEASURED IN SHORT TONS CO2E, IN EACH OF THE PRECEDING YEARS THAT
ARE AFTER TWO THOUSAND EIGHTEEN, PURSUANT TO SUBDIVISION FOUR OF THIS
SECTION; AND
(II) THE DENOMINATOR OF WHICH IS THE SUM OF THE QUANTITY OF TARGET
STATEWIDE GREENHOUSE GAS EMISSIONS, MEASURED IN SHORT TONS CO2E, IN EACH
OF THE PRECEDING YEARS THAT ARE AFTER TWO THOUSAND EIGHTEEN, PURSUANT TO
SUBDIVISION FOUR OF THIS SECTION; AND
(C) PUBLISH THE AMOUNTS CALCULATED IN PARAGRAPHS (A) AND (B) OF THIS
SUBDIVISION NOT LATER THAN JULY FIRST IN THAT YEAR.
3. THE COMMISSIONER SHALL CALCULATE AND PUBLISH THE AMOUNT OF THE FEE
IN CURRENT DOLLARS FOR EACH YEAR, NO LATER THAN JULY FIRST IN THAT YEAR.
4. FOR THE PURPOSES OF CALCULATING THE FIVE-YEAR ENVIRONMENTAL INTEG-
RITY METRIC AND THE CUMULATIVE ENVIRONMENTAL INTEGRITY METRIC UNDER
SUBDIVISION TWO OF THIS SECTION, THE COMMISSIONER SHALL REFER TO THE
FOLLOWING STATEWIDE GREENHOUSE GAS EMISSIONS TARGETS:
(A) FOR THE YEAR TWO THOUSAND TWENTY-ONE, EIGHTY-FIVE PERCENT OF EMIS-
SIONS;
(B) FOR EACH YEAR AFTER TWO THOUSAND TWENTY-ONE AND BEFORE TWO THOU-
SAND TWENTY-SEVEN, FOUR PERCENT LESS THAN THE PREVIOUS YEAR; AND
(C) FOR EACH YEAR AFTER TWO THOUSAND TWENTY-SIX AND BEFORE TWO THOU-
SAND FORTY-TWO, THREE PERCENT LESS THAN THE PREVIOUS YEAR; AND
(D) FOR EACH YEAR AFTER TWO THOUSAND FORTY-ONE, TWO PERCENT LESS THAN
THE PREVIOUS YEAR.
§ 3042. APPLICABLE ENTITIES. FOR THE PURPOSES OF THIS ARTICLE, THE
TERM "APPLICABLE ENTITY" MEANS:
1. FOR THE PURPOSES OF ANY COAL SOLD, USED, OR ENTERED INTO THE STATE:
S. 3616 33
(A) THE VENDOR OF SUCH COAL AT THE FIRST POINT OF SALE, IN CASES WHERE
THE SALE OF COAL OCCURS IN THE STATE; AND
(B) THE PURCHASER OF SUCH COAL, IN CASES WHERE THE SALE OF COAL OCCURS
OUTSIDE OF THE STATE;
2. FOR THE PURPOSES OF ANY PETROLEUM PRODUCT SOLD, USED, OR ENTERED
INTO THE STATE:
(A) THE VENDOR, INCLUDING A PETROLEUM BUSINESS AS DEFINED BY SECTION
THREE HUNDRED OF THIS CHAPTER, OF SUCH PETROLEUM PRODUCT AT THE FIRST
POINT OF SALE, IN CASES WHERE THE SALE OF THE PETROLEUM PRODUCT OCCURS
IN THE STATE; AND
(B) THE PURCHASER OF SUCH PETROLEUM PRODUCT, IN CASES WHERE THE SALE
OF THE PETROLEUM PRODUCT OCCURS OUTSIDE OF THE STATE;
3. FOR THE PURPOSES OF ANY NATURAL GAS SOLD, USED, OR ENTERED INTO THE
STATE:
(A) THE VENDOR (INCLUDING A NATURAL GAS DISTRIBUTION COMPANY OR WHOLE-
SALE NATURAL GAS VENDORS) OF SUCH NATURAL GAS AT THE FIRST POINT OF
SALE, IN CASES WHERE THE SALE OF NATURAL GAS OCCURS IN THE STATE; AND
(B) THE PURCHASER OF SUCH NATURAL GAS, IN CASES WHERE THE SALE OF THE
NATURAL GAS OCCURS OUTSIDE OF THE STATE;
4. FOR THE PURPOSES OF ANY ELECTRICITY SOLD, USED, OR ENTERED INTO THE
STATE:
(A) THE VENDOR (INCLUDING A LOCAL ELECTRICITY DISTRIBUTION COMPANY, A
WHOLESALE ELECTRICITY VENDOR AND ALL COMPETITIVE SUPPLIERS OF ELECTRIC-
ITY TO END USERS) OF SUCH ELECTRICITY AT THE FIRST POINT OF SALE, IN
CASES WHERE THE SALE OF ELECTRICITY OCCURS IN THE STATE; AND
(B) THE PURCHASER OF SUCH ELECTRICITY, IN CASES WHERE THE SALE OF THE
ELECTRICITY OCCURS OUTSIDE OF THE STATE;
5. FOR THE PURPOSES OF ANY MUNICIPAL SOLID WASTE (OR ANY OTHER FEEDS-
TOCKS USED FOR WASTE-TO-ENERGY CONVERSIONS) SOLD, USED, OR ENTERED INTO
THE STATE:
(A) THE VENDOR OF SUCH MUNICIPAL SOLID WASTE (OR ANY OTHER FEEDSTOCKS
USED FOR WASTE-TO-ENERGY CONVERSIONS) AT THE FIRST POINT OF SALE, IN
CASES WHERE THE SALE OF MUNICIPAL SOLID WASTE (OR ANY OTHER FEEDSTOCKS
USED FOR WASTE-TO-ENERGY CONVERSIONS) OCCURS IN THE STATE; AND
(B) THE PURCHASER OF SUCH MUNICIPAL SOLID WASTE (OR ANY OTHER FEEDS-
TOCKS USED FOR WASTE-TO-ENERGY CONVERSIONS), IN CASES WHERE THE SALE OF
THE MUNICIPAL SOLID WASTE (OR ANY OTHER FEEDSTOCKS USED FOR WASTE-TO-EN-
ERGY CONVERSIONS) OCCURS OUTSIDE OF THE STATE;
6. FOR THE PURPOSES OF ANY BIOMASS SOLD, USED, OR ENTERED INTO THE
STATE,
(A) THE VENDOR OF SUCH BIOMASS AT THE FIRST POINT OF SALE, IN CASES
WHERE THE SALE OF BIOMASS OCCURS IN THE STATE; AND
(B) THE PURCHASER OF SUCH BIOMASS, IN CASES WHERE THE SALE OF THE
BIOMASS OCCURS OUTSIDE OF THE STATE; AND
7. FOR THE PURPOSES OF ANY FUGITIVE EMISSIONS OF METHANE RELEASED IN
THE STATE, THE OWNER OF THE PROPERTY THAT IS THE SOURCE OF SUCH FUGITIVE
EMISSIONS, INCLUDING STATIONARY SOURCES AND MOBILE SOURCES, AND INCLUD-
ING PIPELINE OPERATORS, FUEL DISTRIBUTORS, TRANSPORTATION COMPANIES AND
OTHER ENTITIES.
§ 3043. CALCULATION OF EMISSIONS FACTORS. 1. NOT LATER THAN ONE YEAR
AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THE COMMISSIONER OF ENVIRON-
MENTAL CONSERVATION, IN COLLABORATION WITH THE COMMISSIONER, SHALL, FOR
EACH CARBON-BASED FUEL IDENTIFIED IN THIS ARTICLE AND FOR VARIOUS SOURC-
ES OF ELECTRICITY CONSUMED IN THE STATE, CALCULATE GREENHOUSE GAS EMIS-
SIONS FACTORS, IN CARBON DIOXIDE EQUIVALENT.
S. 3616 34
2. EMISSIONS FACTORS ASSOCIATED WITH COMBUSTION OR OTHER CONSUMPTION
OF THE CARBON-BASED FUELS IDENTIFIED IN THIS ARTICLE SHALL BE CALCULATED
ACCORDING TO LIFE-CYCLE ANALYSIS METHODS, WHICH AT A MINIMUM SHALL
INCORPORATE:
(A) ANY GREENHOUSE GASES RELEASED AT THE POINT OF COMBUSTION OR OTHER
CONSUMPTION; AND
(B) UP-STEAM FUGITIVE EMISSIONS OF METHANE RELEASED DURING THE
EXTRACTION, PROCESSING, REFINING, TRANSPORT, OR DISTRIBUTION OF NATURAL
GAS PRODUCTS AND PETROLEUM PRODUCTS BEFORE THE POINT OF CONSUMPTION IN
NEW YORK.
3. THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION, IN COLLABORATION
WITH THE COMMISSIONER, SHALL CALCULATE, FOR VARIOUS SOURCES OF ELECTRIC-
ITY CONSUMED IN THE STATE, GREENHOUSE GAS EMISSIONS FACTORS, IN CARBON
DIOXIDE EQUIVALENT PER KILOWATT-HOUR, ASSOCIATED WITH THE COMBUSTION OF
EACH CARBON-BASED FUEL IDENTIFIED IN THIS ARTICLE FOR THE PURPOSES OF
GENERATING ELECTRICITY. THIS CALCULATION SHOULD TAKE INTO ACCOUNT THE
BEST AVAILABLE INFORMATION AND SCIENCE REGARDING POWER PLANT HEAT RATES
AND OTHER OPERATIONAL PARAMETERS THAT MAY DETERMINE EFFICIENCY IN THE
CONVERSION OF THERMAL ENERGY TO ELECTRICAL ENERGY. THE C02E OF EACH
KILOWATT-HOUR OF ELECTRICITY DELIVERED IN THE STATE SHALL BE DETERMINED
BY TAKING THE WEIGHTED AVERAGE OF THE COAL, PETROLEUM PRODUCT, NATURAL
GAS, MUNICIPAL SOLID WASTE (OR ANY OTHER FEEDSTOCKS USED FOR WASTE-TO-
ENERGY CONSERVATIONS), OR BIOMASS PORTIONS OF THE FUEL MIX AND MULTIPLY-
ING EACH OF THOSE PORTIONS SEPARATELY BY THE AMOUNT OF CARBON DIOXIDE
EQUIVALENT EMISSIONS CREATED PER KILOWATT-HOUR OF ELECTRICITY PRODUCED
BY EACH SUCH FUEL. THE CALCULATION OF EMISSIONS FACTORS UNDER THIS
SUBDIVISION SHALL TAKE INTO ACCOUNT ALL ELECTRICITY CONSUMED IN THE
STATE, WHICH SHALL INCLUDE ANY ELECTRICITY PRODUCED WITHIN THE STATE AND
OUTSIDE OF THE STATE.
§ 3044. EXEMPTIONS AND DEDUCTIONS. 1. ANY APPLICABLE ENTITY COVERED
BY THE REGIONAL GREENHOUSE GAS INITIATIVE SHALL BE ENTITLED TO DEDUCT
FROM THE FEE IMPOSED BY THIS ARTICLE AN AMOUNT EQUAL TO THE AMOUNT IT
PAID FOR THE SAME YEAR ON ACCOUNT OF THE REGIONAL GREENHOUSE GAS INITI-
ATIVE; PROVIDED, HOWEVER, THAT THE AMOUNT SO DEDUCTED MAY BE NO GREATER
THAN THE TOTAL AMOUNT OF THE FEE AS CALCULATED IN THIS ARTICLE.
2. ANY APPLICABLE ENTITY SUBJECT TO A FEE UNDER THIS ARTICLE, SHALL BE
ENTITLED TO DEDUCT FROM THE FEE IMPOSED BY THIS ARTICLE AN AMOUNT EQUAL
TO THE AMOUNT IT PAID FOR THE SAME YEAR ON ACCOUNT OF A FEDERAL LAW OR
REGULATION THAT IMPOSES A DIRECT PRICE (INCLUDING THROUGH CAP-AND-TRADE,
OR A CARBON TAX OR CARBON FEE MECHANISMS) ON THE SAME GREENHOUSE GAS
EMISSIONS FROM CARBON-BASED FUELS; PROVIDED, HOWEVER, THAT THE AMOUNT SO
DEDUCTED MAY BE NO GREATER THAN THE TOTAL AMOUNT OF THE FEE AS CALCU-
LATED IN THIS ARTICLE.
3. THE COMMISSIONER, IN PARTNERSHIP WITH THE COMMISSIONER OF ENVIRON-
MENTAL CONSERVATION, MAY EXEMPT CERTAIN SOURCES OF GREENHOUSE GAS EMIS-
SIONS FOUND TO PRODUCE DE MINIMIS QUANTITIES OF SUCH EMISSIONS. IN ORDER
TO EXEMPT SOURCES OF GREENHOUSE GAS EMISSIONS UNDER THIS SUBDIVISION,
THE COMMISSIONER, IN PARTNERSHIP WITH THE COMMISSIONER OF ENVIRONMENTAL
CONSERVATION, SHALL FIRST PROMULGATE A RULE, OR RULES, OUTLINING THE
SPECIFIC REQUIREMENTS FOR BEING CLASSIFIED AS A DE MINIMIS SOURCE,
INCLUDING, AT A MINIMUM, IDENTIFYING THE QUANTITIES OF GREENHOUSE GASES
THAT WOULD MAKE A SOURCE A DE MINIMIS SOURCE. IN PROMULGATING SUCH RULE,
OR RULES, THE COMMISSIONER SHALL PROVIDE MEANINGFUL OPPORTUNITIES FOR
PUBLIC COMMENT, INCLUDING FROM PERSONS LIVING IN DISADVANTAGED COMMUNI-
TIES.
S. 3616 35
§ 3045. EMISSIONS LEAKAGE MITIGATION POLICY. 1. NOT LATER THAN ONE
YEAR AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THE COMMISSIONER, IN
PARTNERSHIP WITH THE COMMISSIONERS OF ENVIRONMENTAL CONSERVATION AND
LABOR AND THE PRESIDENT OF THE AUTHORITY, SHALL PREPARE AND APPROVE A
SCOPING PLAN OUTLINING RECOMMENDATIONS FOR POLICY MEASURES TO REDUCE
EMISSIONS LEAKAGE ASSOCIATED WITH THE IMPLEMENTATION OF THIS ARTICLE.
(A) THE DRAFT SCOPING PLAN SHALL BE DEVELOPED IN CONSULTATION WITH THE
WORKING GROUP AND OTHER STAKEHOLDERS.
(B) THE DEPARTMENT SHALL PROVIDE MEANINGFUL OPPORTUNITIES FOR PUBLIC
COMMENT FROM ALL PERSONS WHO WILL BE IMPACTED BY THE PLAN, INCLUDING
PERSONS WORKING IN ENERGY INTENSIVE AND TRADE EXPOSED INDUSTRIES AND
PERSONS LIVING IN DISADVANTAGED COMMUNITIES.
(C) THE MEASURES AND ACTIONS CONSIDERED IN SUCH SCOPING PLAN SHALL AT
A MINIMUM INCLUDE:
(I) THE IMPLEMENTATION OF A BORDER CARBON ADJUSTMENT FOR VULNERABLE
INDUSTRIES AND COMPANIES;
(II) THE IMPLEMENTATION OF AN OUTPUT-BASED CARBON POLLUTION FEE REBATE
PROGRAM FOR VULNERABLE INDUSTRIES AND COMPANIES;
(III) QUANTITATIVE METHODS FOR DESIGNATING VULNERABLE INDUSTRIES OR
COMPANIES, SUCH AS ENERGY INTENSIVE AND TRADE EXPOSED INDUSTRIES; AND
(IV) POLICIES FOR MITIGATING ANY IMPACTS TO CONSUMERS AND WORKERS
CAUSED BY THE IMPLEMENTATION OF POLICIES UNDER THIS SECTION, INCLUDING
THROUGH THE USE OF REVENUES FROM A POSSIBLE BORDER CARBON ADJUSTMENT FOR
REDUCING SUCH IMPACTS.
(D) NOT LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS ARTICLE,
THE DEPARTMENT SHALL SUBMIT THE FINAL SCOPING PLAN TO THE GOVERNOR, THE
SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE AND
POST SUCH PLAN ON ITS WEBSITE.
2. NOT LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS ARTICLE,
THE DEPARTMENT, AFTER PUBLIC WORKSHOPS AND CONSULTATION WITH THE WORKING
GROUP, REPRESENTATIVES OF REGULATED ENTITIES, AND OTHER STAKEHOLDERS,
SHALL, AFTER NO LESS THAN TWO PUBLIC HEARINGS, PROMULGATE RULES AND
REGULATIONS TO IMPLEMENT A POLICY TO REDUCE EMISSIONS LEAKAGE ASSOCIATED
WITH THE IMPLEMENTATION OF THIS ARTICLE.
(A) THE REGULATIONS PROMULGATED MAY INCLUDE:
(I) A BORDER CARBON ADJUSTMENT FOR VULNERABLE INDUSTRIES AND COMPA-
NIES;
(II) AN OUTPUT-BASED CARBON POLLUTION FEE REBATE PROGRAM FOR VULNER-
ABLE INDUSTRIES AND COMPANIES;
(III) QUANTITATIVE METHODS FOR DESIGNATING VULNERABLE INDUSTRIES OR
COMPANIES, SUCH AS ENERGY INTENSIVE AND TRADE EXPOSED INDUSTRIES; AND
(IV) POLICIES FOR MITIGATING ANY IMPACTS TO CONSUMERS AND WORKERS
CAUSED BY THE IMPLEMENTATION OF POLICIES UNDER THIS SECTION, INCLUDING
THROUGH THE USE OF REVENUES FROM A POSSIBLE BORDER CARBON ADJUSTMENT FOR
REDUCING SUCH IMPACTS.
(B) IN PROMULGATING THESE REGULATIONS, THE DEPARTMENT SHALL:
(I) DESIGN AND IMPLEMENT ALL REGULATIONS IN A MANNER THAT SEEKS TO BE
EQUITABLE, TO MINIMIZE COSTS AND TO MAXIMIZE THE TOTAL BENEFITS TO NEW
YORK STATE;
(II) ENSURE THAT ACTIVITIES UNDERTAKEN TO COMPLY WITH THE REGULATIONS
DO NOT DISPROPORTIONATELY BURDEN DISADVANTAGED COMMUNITIES; AND
(III) MINIMIZE EMISSIONS LEAKAGE.
§ 3046. CREATION OF TRUST FUNDS. 1. THE COMMISSIONER SHALL ESTABLISH
A TRUST FUND TO BE KNOWN AS THE "COMMUNITY JUST TRANSITION FUND",
CONSISTING OF SUCH AMOUNTS AS MAY BE APPROPRIATED OR CREDITED TO SUCH
FUND.
S. 3616 36
(A) THERE IS HEREBY APPROPRIATED TO THE COMMUNITY JUST TRANSITION FUND
FOR EACH FISCAL YEAR FOLLOWING THE EFFECTIVE DATE OF THIS ARTICLE, THIR-
TY-THREE PERCENT OF THE TOTAL AMOUNT OF FEES RECEIVED UNDER:
(I) SECTION THREE THOUSAND FORTY OF THIS ARTICLE DURING SUCH YEAR, AND
(II) SECTION THREE THOUSAND FORTY-FIVE OF THIS ARTICLE DURING SUCH
YEAR, TO THE EXTENT THAT THE POLICIES PROMULGATED PURSUANT TO SUCH
SECTION GENERATE REVENUE DURING SUCH YEAR.
(B) THE COMMUNITY JUST TRANSITION FUND SHALL BE ADMINISTERED BY THE
DIRECTOR OF THE OFFICE OF CLIMATE AND COMMUNITY INVESTMENT WITHIN THE
AUTHORITY.
2. THE COMMISSIONER SHALL ESTABLISH A TRUST FUND TO BE KNOWN AS THE
"CLIMATE JOBS AND INFRASTRUCTURE FUND", CONSISTING OF SUCH AMOUNTS AS
MAY BE APPROPRIATED OR CREDITED TO SUCH FUND.
(A) THERE IS HEREBY APPROPRIATED TO THE CLIMATE JOBS AND INFRASTRUC-
TURE FUND FOR EACH FISCAL YEAR FOLLOWING THE EFFECTIVE DATE OF THIS
ARTICLE, THIRTY PERCENT OF THE TOTAL AMOUNT OF FEES RECEIVED UNDER:
(I) SECTION THREE THOUSAND FORTY OF THIS ARTICLE DURING SUCH YEAR, AND
(II) SECTION THREE THOUSAND FORTY-FIVE OF THIS ARTICLE DURING SUCH
YEAR, TO THE EXTENT THAT THE POLICIES PROMULGATED PURSUANT TO SUCH
SECTION GENERATE REVENUE DURING SUCH YEAR.
(B) THE CLIMATE JOBS AND INFRASTRUCTURE FUND SHALL BE ADMINISTERED BY
THE DIRECTOR OF THE OFFICE OF CLIMATE AND COMMUNITY INVESTMENT WITHIN
THE AUTHORITY.
3. THE COMMISSIONER SHALL ESTABLISH A TRUST FUND TO BE KNOWN AS THE
"LOW-INCOME AND SMALL BUSINESS ENERGY REBATE FUND", CONSISTING OF SUCH
AMOUNTS AS MAY BE APPROPRIATED OR CREDITED TO SUCH FUND.
(A) THERE IS HEREBY APPROPRIATED TO THE LOW-INCOME AND SMALL BUSINESS
ENERGY REBATE FUND FOR EACH FISCAL YEAR FOLLOWING THE EFFECTIVE DATE OF
THIS ARTICLE, THIRTY PERCENT OF THE TOTAL AMOUNT OF FEES RECEIVED UNDER:
(I) SECTION THREE THOUSAND FORTY OF THIS ARTICLE DURING SUCH YEAR, AND
(II) SECTION THREE THOUSAND FORTY-FIVE OF THIS ARTICLE DURING SUCH
YEAR, TO THE EXTENT THAT THE POLICES PROMULGATED PURSUANT TO SUCH
SECTION GENERATE REVENUE DURING SUCH YEAR.
(B) THE LOW-INCOME AND SMALL BUSINESS ENERGY REBATE FUND SHALL BE
ADMINISTRATED BY THE DIRECTOR OF THE OFFICE OF CLIMATE AND COMMUNITY
INVESTMENT WITHIN THE AUTHORITY.
4. THE COMMISSIONER SHALL ESTABLISH A TRUST FUND TO BE KNOWN AS THE
"WORKER AND COMMUNITY ASSURANCE TRUST", CONSISTING OF SUCH AMOUNTS AS
MAY BE APPROPRIATED OR CREDITED TO SUCH TRUST.
(A) IN THE FIRST FISCAL YEAR IN WHICH ANY FEES UNDER THIS ARTICLE ARE
COLLECTED, NO LESS THAN FIVE HUNDRED MILLION DOLLARS SHALL BE TRANS-
FERRED TO THE WORKER AND COMMUNITY ASSURANCE TRUST.
(B) THERE IS HEREBY APPROPRIATED TO THE WORKER AND COMMUNITY ASSURANCE
TRUST FOR EACH FISCAL YEAR FOLLOWING THE EFFECTIVE DATE OF THIS ARTICLE,
SEVEN PERCENT OF THE TOTAL AMOUNT OF FEES RECEIVED UNDER:
(I) SECTION THREE THOUSAND FORTY DURING SUCH YEAR; AND
(II) SECTION THREE THOUSAND FORTY-FIVE DURING SUCH YEAR, TO THE EXTENT
THAT THE POLICIES PROMULGATED PURSUANT TO SUCH SECTION GENERATE REVENUE
DURING SUCH YEAR.
(C) THE WORKER AND COMMUNITY ASSURANCE TRUST SHALL BE ADMINISTERED BY
THE BOARD OF THE WORKER AND COMMUNITY ASSURANCE TRUST.
5. NO PROCEEDS RECEIVED THROUGH THE IMPLEMENTATION OF THE FEE ESTAB-
LISHED UNDER THIS ARTICLE SHALL FUND GOVERNMENT OPERATIONS OF THE STATE,
OTHER THAN TO PAY FOR REASONABLE ADMINISTRATIVE COSTS ASSOCIATED WITH
IMPLEMENTING THE CLIMATE AND COMMUNITY INVESTMENT ACT.
S. 3616 37
§ 3047. REPORTING. 1. NO LATER THAN THREE YEARS FOLLOWING THE EFFEC-
TIVE DATE OF THIS ARTICLE, AND EVERY TWO YEARS THEREAFTER, THE COMMIS-
SIONER, IN PARTNERSHIP WITH THE COMMISSIONER OF ENVIRONMENTAL CONSERVA-
TION, SHALL PRODUCE A REPORT ON THE IMPLEMENTATION OF THIS ARTICLE. SUCH
REPORT SHALL INCLUDE BUT NOT BE LIMITED TO:
(A) THE TOTAL ANNUAL REVENUES ASSOCIATED WITH THE IMPLEMENTATION OF
THIS ARTICLE;
(B) THE EFFECTIVENESS OF THE FEE ESTABLISHED UNDER SECTION THREE THOU-
SAND FORTY OF THIS ARTICLE TO REDUCE GREENHOUSE GAS EMISSIONS STATEWIDE,
INCLUDING AN ANALYSIS OF REDUCTIONS BY GEOGRAPHIC SUBDIVISIONS OF THE
STATE;
(C) THE AMOUNT OF ESTIMATED EMISSIONS LEAKAGE THAT MAY BE OCCURRING IN
CORRELATION WITH THE IMPLEMENTATION OF THE FEE ESTABLISHED UNDER SECTION
THREE THOUSAND FORTY OF THIS ARTICLE, THE EFFECTIVENESS OF ANY POLICIES
THAT HAVE BEEN IMPLEMENTED TO ADDRESS EMISSIONS LEAKAGE, AND RECOMMENDA-
TIONS FOR IMPROVING POLICIES TO MITIGATE EMISSIONS LEAKAGE;
(D) AN OVERVIEW OF SOCIAL BENEFITS FROM THE FEES AND OTHER POLICIES
ESTABLISHED PURSUANT TO THIS ARTICLE, INCLUDING BENEFITS TO THE ECONOMY,
ENVIRONMENT, AND PUBLIC HEALTH, INCLUDING WOMEN'S HEALTH;
(E) AN OVERVIEW OF THE DISTRIBUTION OF COSTS AND BENEFITS OF THE POLI-
CIES PROMULGATED UNDER THIS ARTICLE, ACROSS DIFFERENT COMMUNITIES AND
SECTORS OF THE STATE ECONOMY;
(F) AN OVERVIEW OF COMPLIANCE COSTS FOR REGULATED ENTITIES;
(G) AN OVERVIEW OF ADMINISTRATIVE COSTS FOR THE DEPARTMENT AND OTHER
STATE AGENCIES; AND
(H) RECOMMENDATIONS FOR FUTURE REGULATORY AND POLICY ACTION, AND, IN
GENERAL, PERTAINING TO MEASURES FOR REDUCING GREENHOUSE EMISSIONS IN THE
STATE.
2. BEFORE FINALIZING THE REPORT DESCRIBED IN SUBDIVISION ONE OF THIS
SECTION, THE COMMISSIONER SHALL ENSURE THAT THERE ARE MEANINGFUL OPPOR-
TUNITIES FOR PUBLIC PARTICIPATION, INCLUDING BY:
(A) ALLOWING AT LEAST ONE HUNDRED TWENTY DAYS FOR THE SUBMISSION OF
PUBLIC COMMENT, FOLLOWING THE DATE OF THE PUBLICATION OF A DRAFT REPORT;
AND
(B) HOLDING AT LEAST FOUR REGIONAL PUBLIC HEARINGS, INCLUDING TWO
MEETINGS IN THE UPSTATE REGION AND TWO MEETINGS IN THE DOWNSTATE REGION,
WITH EMPHASIS ON MAXIMIZING PARTICIPATION AND ACCESSIBILITY FOR MEMBERS
OF DISADVANTAGED COMMUNITIES.
3. THE FINAL REPORT SHALL BE SUBMITTED TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD-
ER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY, AND SHALL BE
POSTED ON THE WEBSITE OF THE DEPARTMENT.
ARTICLE 43
LOW-INCOME AND SMALL BUSINESS ENERGY REBATE
SECTION 3050. DEFINITIONS.
3051. ESTABLISHMENT OF THE LOW-INCOME AND SMALL BUSINESS ENERGY
REBATE PROGRAM.
3052. ADMINISTRATION BY THE DEPARTMENT.
3053. ALLOCATION OF FUNDS.
3054. QUALIFYING HOUSEHOLDS.
3055. REBATE AMOUNT AND REPORT.
3056. DELIVERY OF FUNDS.
3057. REASSESSMENT OF ALLOCATIONS.
3058. SMALL BUSINESS TAX CREDIT.
§ 3050. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
S. 3616 38
1. "AUTHORITY" SHALL HAVE THE SAME MEANING AS IN SUBDIVISION TWO OF
SECTION EIGHTEEN HUNDRED FIFTY-ONE OF THE PUBLIC AUTHORITIES LAW.
2. "COMMISSIONER" MEANS THE COMMISSIONER OF TAXATION AND FINANCE.
3. "DEPARTMENT" MEANS THE DEPARTMENT OF TAXATION AND FINANCE.
4. "ELIGIBLE LOW-INCOME HOUSEHOLD" MEANS, WITH RESPECT TO A GIVEN
CALENDAR YEAR, ANY HOUSEHOLD WHOSE GROSS INCOME DOES NOT EXCEED ONE
HUNDRED FIFTY PERCENT OF THE POVERTY LINE.
5. "ELIGIBLE MODERATE-INCOME HOUSEHOLD" MEANS, WITH RESPECT TO A GIVEN
CALENDAR YEAR, ANY HOUSEHOLD WHOSE GROSS INCOME EXCEEDS ONE HUNDRED
FIFTY PERCENT OF THE POVERTY LINE, BUT DOES NOT EXCEED THE MEDIAN HOUSE-
HOLD INCOME FOR THE COUNTY IN WHICH THEY RESIDE.
6. "ELIGIBLE SMALL BUSINESS" MEANS A BUSINESS, COOPERATIVE, OR NOT-
FOR-PROFIT CORPORATION WHICH IS RESIDENT IN THIS STATE, AND EMPLOYS
FIFTY OR LESS PERSONS (INCLUDING A SOLO PROPRIETORSHIP), AND WITH
RESPECT TO BUSINESSES, IS INDEPENDENTLY OWNED AND OPERATED AND NOT DOMI-
NANT IN ITS FIELD.
7. "FUND" OR "REBATE FUND" MEANS THE LOW-INCOME AND SMALL BUSINESS
ENERGY REBATE FUND ESTABLISHED UNDER SUBDIVISION THREE OF SECTION THREE
THOUSAND FORTY-SIX OF THIS CHAPTER.
8. "POVERTY LINE" SHALL HAVE THE SAME MEANING AS IN SECTION 673(2) OF
THE FEDERAL COMMUNITY SERVICES BLOCK GRANT ACT (46 USC SECTION 9902).
9. "PROGRAM" MEANS THE LOW-INCOME AND SMALL BUSINESS ENERGY REBATE
PROGRAM ESTABLISHED UNDER THIS ARTICLE.
10. "WORKING GROUP" MEANS THE CLIMATE JUSTICE WORKING GROUP CREATED
PURSUANT TO SECTION 74-0103 OF THE ENVIRONMENTAL CONSERVATION LAW.
§ 3051. ESTABLISHMENT OF THE LOW-INCOME AND SMALL BUSINESS ENERGY
REBATE PROGRAM. THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT, THE
"LOW-INCOME AND SMALL BUSINESS ENERGY REBATE PROGRAM". THE PURPOSES OF
THE PROGRAM INCLUDE:
1. DISBURSEMENT OF FUNDS FROM THE "LOW-INCOME AND SMALL BUSINESS ENER-
GY REBATE FUND; FOR THE BENEFIT OF THE MOST VULNERABLE POPULATIONS, TO
OFFSET THE INCREASED COST OF LIVING ASSOCIATED WITH THE IMPLEMENTATION
OF THE FEE AND OTHER REGULATORY MEASURES ESTABLISHED AS PART OF THE
STATE'S CLIMATE MITIGATION EFFORTS; AND
2. REDUCING THE ALREADY SEVERE ENERGY BURDEN ON LOW- AND MODERATE-IN-
COME FAMILIES.
§ 3052. ADMINISTRATION BY THE DEPARTMENT. WITHIN SIX MONTHS OF THE
EFFECTIVE DATE OF THIS ARTICLE, THE DEPARTMENT IS HEREBY AUTHORIZED AND
DIRECTED TO ESTABLISH AND OPERATE THE PROGRAM. THE COMMISSIONER SHALL
IMPLEMENT THE PROGRAM IN CONSULTATION WITH THE AUTHORITY, THE OFFICE OF
TEMPORARY AND DISABILITY ASSISTANCE, AND THE DEPARTMENTS OF HEALTH AND
LABOR. THE COMMISSIONER SHALL BE AUTHORIZED AND DIRECTED TO: USE MONIES
MADE AVAILABLE FOR THE PROGRAM PURSUANT TO ARTICLE FORTY-TWO OF THIS
CHAPTER TO ACHIEVE THE PURPOSES OF THE PROGRAM; AND EXERCISE SUCH OTHER
POWERS AS ARE NECESSARY FOR THE PROPER ADMINISTRATION OF SUCH PROGRAM,
INCLUDING ISSUING RULES AND REGULATIONS CONSISTENT WITH THIS ARTICLE.
§ 3053. ALLOCATION OF FUNDS. FUNDS FROM THE LOW-INCOME AND SMALL BUSI-
NESS ENERGY REBATE FUND SHALL BE DISBURSED UNDER THE PROGRAM TO ELIGIBLE
HOUSEHOLDS AND SMALL BUSINESSES. THE DEPARTMENT SHALL COLLECT AND THEN
DISTRIBUTE DIRECTLY TO ELIGIBLE HOUSEHOLDS THE ENTIRE AMOUNT OF FUNDS
DEDICATED TO THE REBATE FUND. ELIGIBLE HOUSEHOLDS SHALL BE NOTIFIED THAT
THEY ARE AUTOMATICALLY BEING ENROLLED BASED ON THEIR TAX FILING STATUS.
THE DEPARTMENT WILL MAKE DETERMINATIONS AS TO WHICH HOUSEHOLDS AND SMALL
BUSINESSES ARE ELIGIBLE FOR THE REBATE AND ESTABLISH AN APPEALS PROCESS
WITHIN THE DEPARTMENT AS TO SUCH DETERMINATIONS. THE DEPARTMENT SHALL
ALSO ESTABLISH AN OPPORTUNITY FOR INDIVIDUAL RESIDENTS OF THE STATE WHO
S. 3616 39
ARE NOT REQUIRED TO FILE INCOME TAXES TO APPLY FOR REBATES UNDER THIS
ARTICLE.
§ 3054. QUALIFYING HOUSEHOLDS. A REBATE WILL BE AVAILABLE TO ELIGIBLE
LOW-INCOME HOUSEHOLDS, MODERATE INCOME HOUSEHOLDS, AND ADDITIONAL HOUSE-
HOLDS, PROVIDED THAT REBATES SHALL ONLY BE PROVIDED TO SUCH ADDITIONAL
HOUSEHOLDS UPON A DETERMINATION BY THE COMMISSIONER THAT THERE ARE
ADEQUATE FUNDS. NOTWITHSTANDING THE PRECEDING SENTENCE, THE REBATE SHALL
BE AVAILABLE TO A MAXIMUM OF SIXTY PERCENT OF THE HOUSEHOLDS IN NEW YORK
STATE. THE DEPARTMENT WILL COOPERATE WITH THE OFFICE OF TEMPORARY AND
DISABILITY ASSISTANCE TO IDENTIFY HOUSEHOLDS AND PLACE THEM IN THE
FOLLOWING FOUR HOUSEHOLD CATEGORIES:
1. ELIGIBLE MODERATE-INCOME HOUSEHOLDS CONTAINING NEW YORK CITY RESI-
DENTS;
2. ELIGIBLE LOW-INCOME HOUSEHOLDS CONTAINING NEW YORK CITY RESIDENTS
IN WHICH THE HOUSEHOLD INCOME IS BELOW ONE HUNDRED FIFTY PERCENT OF THE
POVERTY LINE OR WHO ARE RECEIVING ANY MEANS-TESTED GOVERNMENT ASSISTANCE
AIMED AT LOW-INCOME INDIVIDUALS OR HOUSEHOLDS;
3. ELIGIBLE MODERATE-INCOME HOUSEHOLDS CONTAINING RESIDENTS OUTSIDE OF
NEW YORK CITY; AND
4. ELIGIBLE LOW-INCOME HOUSEHOLDS CONTAINING RESIDENTS OUTSIDE OF NEW
YORK CITY WITH A HOUSEHOLD INCOME BELOW ONE HUNDRED FIFTY PERCENT OF THE
POVERTY LINE OR RECEIVING ANY MEANS-TESTED GOVERNMENT ASSISTANCE
PROGRAMS AIMED AT LOW-INCOME INDIVIDUALS OR HOUSEHOLDS.
§ 3055. REBATE AMOUNT AND REPORT. 1. THE DEPARTMENT, IN CONSULTATION
WITH THE WORKING GROUP, SHALL DETERMINE THE APPROPRIATE AMOUNT OF THE
REBATE, CONSISTENT WITH THE STANDARDS SET FORTH IN THIS SECTION. EACH
ELIGIBLE HOUSEHOLD WILL RECEIVE A SHARE OF THE TOTAL ALLOCATED REBATE
FUNDS SO THAT:
(A) ALL ELIGIBLE HOUSEHOLDS IN NEW YORK CITY SHALL RECEIVE THE SAME
AMOUNT,
(B) ALL ELIGIBLE HOUSEHOLDS OUTSIDE OF NEW YORK CITY SHALL RECEIVE THE
SAME AMOUNT AND THAT AMOUNT SHALL BE AT LEAST FIFTY PERCENT MORE THAN
THE REBATE AMOUNT APPLICABLE TO NEW YORK CITY HOUSEHOLDS, AND
(C) THE TOTAL AMOUNT PROVIDED FOR REBATES MUST NOT EXCEED THE ANNUAL
REVENUE IN THE REBATE FUND.
2. THE DEPARTMENT SHALL ANNUALLY ASSESS AND REPORT TO THE LEGISLATURE
AND THE GOVERNOR AT LEAST THE FOLLOWING INFORMATION: THE NUMBER OF
HOUSEHOLDS IN EACH REBATE CATEGORY IN SECTION THREE THOUSAND FIFTY-FOUR
OF THIS ARTICLE; THE NUMBER OF HOUSEHOLDS WHO SELECT EACH DELIVERY MECH-
ANISM SET FORTH IN SECTION THREE THOUSAND FIFTY-SIX OF THIS ARTICLE; AND
HOW THE NUMBER OF HOUSEHOLDS COMPARE TO:
(A) THE INCREMENTAL INCREASE IN THE COST OF LIVING ASSOCIATED WITH THE
IMPLEMENTATION OF THE FEE ESTABLISHED PURSUANT TO ARTICLE FORTY-TWO OF
THIS CHAPTER AND OTHER REGULATORY MEASURES ESTABLISHED UNDER ARTICLE
FORTY-TWO OF THIS CHAPTER;
(B) OTHER ESTIMATED INCREASES IN THE COST OF LIVING ASSOCIATED WITH
THE TRANSITION TO A LOW-CARBON ECONOMY; AND
(C) EXISTING ENERGY BURDENS.
§ 3056. DELIVERY OF FUNDS. 1. THE DEPARTMENT, IN PARTNERSHIP WITH THE
WORKING GROUP, THE AUTHORITY AND THE OFFICE OF TEMPORARY AND DISABILITY
ASSISTANCE SHALL DETERMINE APPROPRIATE MECHANISMS FOR DELIVERING REBATES
UNDER THIS ARTICLE. THAT MECHANISM SHALL ENSURE THAT:
(A) ELIGIBLE MODERATE-INCOME HOUSEHOLDS IN THE FIRST AND THIRD HOUSE-
HOLD CATEGORIES SET FORTH IN SECTION THREE THOUSAND FIFTY-FOUR OF THIS
ARTICLE SHALL RECEIVE A REDEEMABLE TAX CREDIT, THROUGH A SINGLE ANNUAL
PAYMENT.
S. 3616 40
(B) ELIGIBLE LOW-INCOME HOUSEHOLDS IN THE SECOND AND FOURTH HOUSEHOLD
CATEGORIES SET FORTH IN SECTION THREE THOUSAND FIFTY-FOUR OF THIS ARTI-
CLE SHALL RECEIVE THEIR REBATE THROUGH MECHANISMS THAT WILL NOT CONSTI-
TUTE INCOME FOR PURPOSES OF ANY MEANS-TESTED GOVERNMENT ASSISTANCE
PROGRAMS THAT THEY MAY BE RECEIVING. UNLESS AN ELIGIBLE LOW-INCOME
HOUSEHOLD OPTS OUT OF SUCH BENEFIT UNDER THIS SECTION, THE BENEFIT SHALL
BE:
(I) A TRANSIT VOUCHER FOR USE RECEIVING SERVICES THROUGH THE METROPOL-
ITAN TRANSPORTATION AUTHORITY, ACCESS-A-RIDE, OR OTHER PUBLIC TRANSIT
SERVICE FOR HOUSEHOLDS IN THE SECOND HOUSEHOLD CATEGORY UNDER SECTION
THREE THOUSAND FIFTY-FOUR OF THIS ARTICLE.
(II) UTILITY ASSISTANCE OR A WEATHERIZATION GRANT FOR THE FOURTH
HOUSEHOLD CATEGORY UNDER SECTION THREE THOUSAND FIFTY-FOUR OF THIS ARTI-
CLE.
2. ALL QUALIFYING HOUSEHOLDS MAY OPT OUT OF THE DEFAULT OPTION FOR
DELIVERY OF THE REBATE, AND CAN CHOOSE TO RECEIVE THEIR BENEFIT AMOUNT
IN THE FORM OF ONE OF THE FOLLOWING FOUR OPTIONS: (A) UTILITY ASSIST-
ANCE; (B) A WEATHERIZATION GRANT; (C) A VOUCHER FOR USE WITH THEIR LOCAL
TRANSIT AUTHORITY; OR (D) A REDEEMABLE TAX CREDIT.
§ 3057. REASSESSMENT OF ALLOCATIONS. 1. BEGINNING IN TWO THOUSAND
TWENTY-ONE AND EVERY FIVE YEARS THEREAFTER, THE DEPARTMENT, IN COORDI-
NATION WITH THE AUTHORITY, THE OFFICE OF TEMPORARY AND DISABILITY
ASSISTANCE, THE PUBLIC SERVICE COMMISSION, AND THE DEPARTMENT OF ENVI-
RONMENTAL CONSERVATION SHALL PERFORM AN ASSESSMENT, WHICH SHALL INCLUDE,
AT A MINIMUM, THE FOLLOWING INFORMATION: (A) THE STATE-WIDE ENERGY
BURDEN FOR SMALL BUSINESSES, AND HOUSEHOLDS BY GEOGRAPHY AND INCOME; (B)
WHETHER SUCH ENERGY BURDEN HAS STAYED LEVEL OR DECREASED SINCE THE
EFFECTIVE DATE OF THIS SECTION; (C) THE UPTAKE OF ENERGY EFFICIENCY AND
RENEWABLE ENERGY IN EACH INCOME CATEGORY; AND (D) AN ESTIMATED IMPACT ON
ENERGY BURDEN OR ANOTHER EQUIVALENT ESTIMATE OF THE PROPORTION OF HOUSE-
HOLD INCOME SPENT ON ENERGY. BASED ON SUCH INFORMATION AND ANY ADDI-
TIONAL INFORMATION THAT THE DEPARTMENT DETERMINES IS APPROPRIATE, THE
DEPARTMENT SHALL DETERMINE WHETHER THE PRESENT REBATE AMOUNT IS APPRO-
PRIATE OR WHETHER IT IS APPROPRIATE TO REDUCE THE REBATE BENEFIT AMOUNT.
2. FOLLOWING ANY ASSESSMENT UNDER SUBDIVISION ONE OF THIS SECTION
WHERE THE IMPACT OF THE FEE ESTABLISHED IS FOUND NOT TO INCREASE HOUSE-
HOLD SPENDING, OR WHERE THE ENERGY BURDEN HAS FALLEN, THE REBATE SHALL
BE REDUCED BY AT LEAST TEN PERCENT AND THE FUNDS REALLOCATED IN EQUAL
AMOUNTS TO THE COMMUNITY JUST TRANSITION FUND ESTABLISHED PURSUANT TO
SUBDIVISION ONE OF SECTION THREE THOUSAND FORTY-SIX OF THIS CHAPTER AND
THE CLIMATE JOBS AND INFRASTRUCTURE FUND ESTABLISHED PURSUANT TO SUBDI-
VISION TWO OF SUCH SECTION.
§ 3058. SMALL BUSINESS TAX CREDIT. 1. ELIGIBLE SMALL BUSINESSES SHALL
RECEIVE A REDEEMABLE TAX CREDIT TO REDUCE ANY INCREMENTAL INCREASE IN
THE COST OF DOING BUSINESS ASSOCIATED WITH THE IMPLEMENTATION OF THE FEE
ESTABLISHED PURSUANT TO ARTICLE FORTY-TWO OF THIS CHAPTER AND OTHER
REGULATORY MEASURES ESTABLISHED UNDER THE CLIMATE AND COMMUNITY INVEST-
MENT ACT OR THE TRANSITION TO A LOW-CARBON ECONOMY IN NEW YORK STATE.
2. ANY ELIGIBLE SMALL BUSINESS THAT INCURS ENERGY OR FUEL COSTS IN THE
COURSE OF ITS BUSINESS, SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS
PROVIDED IN SUBDIVISION THREE OF THIS SECTION, AGAINST BUSINESS INCOME
FOR EACH YEAR THAT THE FEE ESTABLISHED PURSUANT TO ARTICLE FORTY-TWO OF
THIS CHAPTER IS COLLECTED.
3. THE CREDIT AUTHORIZED BY THIS SECTION SHALL EQUAL THE HIGHER OF
FIVE HUNDRED DOLLARS A YEAR, OR THE AMOUNT COMPUTED FOR A HOUSEHOLD
REBATE.
S. 3616 41
4. THE CREDIT CREATED UNDER THIS SECTION MAY BE CLAIMED EVEN IF NO
TAXES ARE OWED BY THE ELIGIBLE SMALL BUSINESS. SUCH CREDIT MAY BE USED
TO REDUCE THE TAX LIABILITY OF THE CREDIT CLAIMANT BELOW ZERO.
§ 9. Severability. If any word, phrase, clause, sentence, paragraph,
section, or part of this act shall be adjudged by any court of competent
jurisdiction to be invalid, such judgement shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation
to the word, phrase, clause, sentence, paragraph, section, or part ther-
eof directly involved in the controversy in which such judgement shall
have been rendered.
§ 10. This act shall take effect on the one hundred eightieth day
after it shall have become a law and shall apply to any grants, loans,
contracts and financial assistance awarded or renewed on or after such
effective date. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such date.
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.