NY State Senate Bill S2649B

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (14)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 22, 2020	referred to governmental operations delivered to assembly passed senate
Jul 21, 2020	ordered to third reading cal.766 reported and committed to rules
Jul 16, 2020	print number 2649c
Jul 16, 2020	amend and recommit to finance
Mar 03, 2020	reported and committed to finance
Jan 08, 2020	referred to budget and revenue
Jun 14, 2019	print number 2649b
Jun 14, 2019	amend and recommit to budget and revenue
Feb 07, 2019	print number 2649a
Feb 07, 2019	amend and recommit to budget and revenue
Jan 28, 2019	referred to budget and revenue

Votes

view votes

Jul 22, 2020 - floor Vote

S2649C

floor

Aye

Nay

Absent

Excused

Abstained

Jul 21, 2020 - Finance committee Vote

S2649C

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jul 21, 2020 - Rules committee Vote

S2649C

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Mar 3, 2020 - committee Vote

S2649B

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show committee vote details

Committee Vote: Mar 3, 2020

aye (4)

nay (2)

aye wr (1)

Martinez

Bill Amendments

Original

C (Active)

Original

C (Active)

Co-Sponsors

S2649 - Details

See Assembly Version of this Bill:: A257
Law Section:: Executive Law
Laws Affected:: Amd §181, Exec L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6881, A8675
2021-2022: S2721, A225
2023-2024: A7230

S2649 - Summary

Requires the governor's tax expenditure reporting to include an enumeration of all fossil fuel related tax expenditures; imposes a 5 year expiration upon any fossil fuel related tax expenditures enacted.

S2649 - Sponsor Memo

 
BILL NUMBER: S2649

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the executive law, in relation to requiring an annual
report of all fossil fuel related tax expenditures; and to provide for
the expiration of fossil fuel related tax expenditures

 
PURPOSE:

To require the Governor to submit an annual enumeration of fossil fuel
related tax expenditures, including recommendations regarding continua-
tion, modification or repeal of such expenditures; and to provide for
the expiration of all such expenditures within 3 years unless renewed
through legislative action.

 
SUMMARY OF PROVISIONS:

Section 1: Legislative findings.

Section 2: Definitions.

Section 3: Adds two new paragraphs to subdivision 2 of section 181 of
the executive law, requiring the Governor to submit an annual enumer-
ation of all fossil fuel related tax expenditures and any recommenda-
tions regarding continuing, modifying or repealing such expenditures, in
consultation with the state Energy Planning Board.

Section 4: Creates a 3-year expiration for all existing and newly-enact-
ed fossil fuel related tax expenditures.

 
JUSTIFICATION:

New York State spends over $1.5 billion every year on fossil fuel
related tax expenditures, distorting the market and subsidizing the use
of greenhouse gas-emitting fossil fuels. Some of these tax expenditures
may serve a compelling public interest such as offering heating assist-
ance to low-income New Yorkers. However, a significant proportion of the
spending serves to prop-up outdated industries or reward energy ineffi-
ciencies leading to a double cost to taxpayers once for the direct tax
expenditure and again for the environmental damage resulting from the
continued burning of fossil fuels.

To address the real and serious threat to the health, welfare and pros-
perity of all New Yorkers posed by human-caused climate change, New York
State has a goal of reducing greenhouse gas emissions by 80% below 1990
levels by 2050. Continuing to subsidize the use of fossil fuels delays
the adoption of cleaner alternatives, creates barriers to achieving our
climate goals and wastes precious taxpayer money.

This bill would require the Governor's annual Tax Expenditure Report to
include an enumeration and evaluationsof all fossil fuel related tax
expenditures, as well as a recommendation by the Governor regarding the
continuation, modification or repeal of such expenditures. The Gover-
nor's recommendation would be made in consultation with the state Energy
Planning Board, whose members include representatives of NYSERDA, PSC,
DEC, ESD, DOT, DOH, DOL, DAM, Legislative appointees and others.

The bill also implements a 3-year sunset provision for all current and
future fossil fuel related tax expenditures, providing such expenditures
would not otherwise expire at an earlier date. The Legislature may, of
course, choose to renew any tax expenditure that it deems to be in the
public interest. This will create an evaluation process through which
outdated, counterproductive fossil fuel subsidies can be allowed to
expire, while those that provide a real benefit to New Yorkers can be
retained.

 
LEGISLATIVE HISTORY:

2017-18 S6881/A8675 Cahill - died in committee

 
FISCAL IMPLICATIONS:

Subject to evaluation by the Governor. Potential of millions of dollars
in savings to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S2649 - Bill Text download pdf


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

                                  2649

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 28, 2019
                               ___________

Introduced by Sens. KRUEGER, BROOKS, HOYLMAN, MONTGOMERY, RIVERA, SERRA-
  NO -- read twice and ordered printed, and when printed to be committed
  to the Committee on Budget and Revenue

AN  ACT  to  amend the executive law, in relation to requiring an annual
  report of all fossil fuel related tax expenditures; and to provide for
  the expiration of fossil fuel related tax expenditures

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings.  The  legislature hereby finds and
declares that the use of fossil fuels result  in  greenhouse  gas  emis-
sions.  The  state  has  a  goal of reducing greenhouse gas emissions by
eighty percent below 1990 levels  by  2050  to  combat  climate  change.
Therefore,  the  state has an interest in reducing tax expenditures that
support fossil fuels. By creating a process through which  the  legisla-
ture  would  review  existing  fossil fuel tax expenditures on a regular
basis, the state can better ensure that they are in the public interest.
  § 2. Subdivision 1 of section 181 of the executive law is  amended  by
adding two new paragraphs (c) and (d) to read as follows:
  (C)  "FOSSIL  FUEL"  SHALL  MEAN  COAL, KEROSENE, OIL, OTHER PETROLEUM
PRODUCTS, AND FUEL GASES INCLUDING, BUT NOT LIMITED TO METHANE,  NATURAL
GAS, LIQUIFIED NATURAL GAS AND MANUFACTURED FUEL GASES.
  (D) "FOSSIL FUEL RELATED TAX EXPENDITURES" SHALL MEAN TAX EXPENDITURES
THAT  DIRECTLY  SUPPORT, ENCOURAGE OR HAVE A SIGNIFICANT RELATIONSHIP TO
THE PRODUCTION,  TRANSMISSION,  DISTRIBUTION,  TRANSPORTATION,  STORAGE,
SALE, PURCHASE, DELIVERY, CONSUMPTION OR USE OF FOSSIL FUELS.
  §  3.  Paragraphs  (f)  and (g) of subdivision 2 of section 181 of the
executive law, as added by chapter 23 of the laws of 1990,  are  amended
and two new paragraphs (h) and (i) are added to read as follows:
  (f)  comment, if any, on the effectiveness and efficiency of other tax
expenditures; [and]

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03121-01-9

S. 2649                             2

  (g) general cautionary and advisory notes  concerning  limitations  of
data,  estimation procedures, sampling errors and imputed values, promi-
nently displayed[.];
  (H)  AN  ENUMERATION  OF  ALL  FOSSIL  FUEL  RELATED TAX EXPENDITURES,
INCLUDING THE ANNUAL COST OF  SUCH  EXPENDITURES  AND  THEIR  EXPIRATION
DATES; AND
  (I)  ANY RECOMMENDATIONS OF THE GOVERNOR REGARDING CONTINUING, MODIFY-
ING OR REPEALING SUCH FOSSIL FUEL RELATED  TAX  EXPENDITURES,  AND  SUCH
OTHER  INFORMATION REGARDING SUCH TAX EXPENDITURES AS HE OR SHE MAY FEEL
USEFUL AND APPROPRIATE, IN CONSULTATION WITH THE STATE  ENERGY  PLANNING
BOARD.
  §  4.  Notwithstanding any other provisions of law, there shall be a 3
year expiration for all fossil fuel related tax expenditures, as defined
in paragraph (d) of subdivision 1 of section 181 of the  executive  law,
with  such  3  year period commencing on the effective date of this act;
provided, however, that if such an expenditure would otherwise expire or
be deemed repealed pursuant to law  upon  an  earlier  date,  then  such
expenditure  shall  expire or be deemed repealed upon such earlier date.
Any new fossil fuel related tax expenditure enacted by  the  legislature
after  the effective date of this act shall be subject to a 3 year expi-
ration commencing on the effective date of the act  which  enacted  such
expenditure.
  § 5. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

S2649A - Details

See Assembly Version of this Bill:: A257
Law Section:: Executive Law
Laws Affected:: Amd §181, Exec L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6881, A8675
2021-2022: S2721, A225
2023-2024: A7230

S2649A - Summary

S2649A - Sponsor Memo

 
BILL NUMBER: S2649A

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the executive law, in relation to requiring an annual
report of all fossil fuel related tax expenditures; and to provide for
the expiration of fossil fuel related tax expenditures

 
PURPOSE:

To require the Governor to submit an annual enumeration of fossil fuel
related tax expenditures, including recommendations regarding continua-
tion, modification or repeal of such expenditures; and to provide for
the expiration of all such expenditures within 3 years unless renewed
through legislative action.

 
SUMMARY OF PROVISIONS:

Section 1: Legislative findings.

Section 2: Definitions.

Section 3: Adds two new paragraphs to subdivision 2 of section 181 of
the executive law, requiring the Governor to submit an annual enumer-
ation of all fossil fuel related tax expenditures and any recommenda-
tions regarding continuing, modifying or repealing such expenditures, in
consultation with the state Energy Planning Board.

Section 4: Creates a 3-year expiration for all existing and newly-enact-
ed fossil fuel related tax expenditures.

 
JUSTIFICATION:

New York State spends over $1.5 billion every year on fossil fuel
related tax expenditures, distorting the market and subsidizing the use
of greenhouse gas-emitting fossil fuels. Some of these tax expenditures
may serve a compelling public interest such as offering heating assist-
ance to low-income New Yorkers. However, a significant proportion of the
spending serves to prop-up outdated industries or reward energy ineffi-
ciencies leading to a double cost tp taxpayers once for the direct tax
expenditure and again for the environmental damage resulting from the
continued burning of fossil fuels.

To address the real and serious threat to the health, welfare and pros-
perity of all New Yorkers posed by human-caused climate change, New York
State has a goal of reducing greenhouse gas emissions by 80% below 1990
levels by 2050. Continuing to subsidize the use of fossil fuels delays
the adoption of cleaner alternatives, creates barriers to achieving our
climate goals and wastes precious taxpayer money.

This bill would require the Governor's annual Tax Expenditure Report to
include an enumeration and evaluationsof all fossil fuel related tax
expenditures, as well as a recommendation by the Governor regarding the
continuation, modification or repeal of such expenditures. The Gover-
nor's recommendation would be made in consultation with the state Energy
Planning Board, whose members include representatives of NYSERDA, PSC,
DEC, ESD, DOT, DOH, DOL, DAM, Legislative appointees and others.

The bill also implements a 3-year sunset provision for all current and
future fossil fuel related tax expenditures, providing such expenditures
would not otherwise expire at an earlier date. The Legislature may, of
course, choose to renew any tax expenditure that it deems to be in the
public interest. This will create an evaluation process through which
outdated, counterproductive fossil fuel subsidies can be allowed to
expire, while those that provide a real benefit to New Yorkers can be
retained.

 
LEGISLATIVE HISTORY:

2017-18 S6881/A8675 Cahill - died in committee

 
FISCAL IMPLICATIONS:

Subject to evaluation by the Governor. Potential of millions of dollars
in savings to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S2649A - Bill Text download pdf


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

                                 2649--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 28, 2019
                               ___________

Introduced by Sens. KRUEGER, BROOKS, HOYLMAN, MONTGOMERY, RIVERA, SERRA-
  NO -- read twice and ordered printed, and when printed to be committed
  to  the  Committee on Budget and Revenue -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend the executive law, in relation to requiring an annual
  report of all fossil fuel related tax expenditures; and to provide for
  the expiration of fossil fuel related tax expenditures

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings.  The  legislature hereby finds and
declares that the use of fossil fuels result  in  greenhouse  gas  emis-
sions.  The  state  has  a  goal of reducing greenhouse gas emissions by
eighty percent below 1990 levels  by  2050  to  combat  climate  change.
Therefore,  the  state has an interest in reducing tax expenditures that
support fossil fuels. By creating a process through which  the  legisla-
ture  would  review  existing  fossil fuel tax expenditures on a regular
basis, the state can better ensure that they are in the public interest.
  § 2. Subdivision 1 of section 181 of the executive law is  amended  by
adding two new paragraphs (c) and (d) to read as follows:
  (C)  "FOSSIL  FUEL"  SHALL  MEAN COAL, KEROSENE, OIL, BIODIESEL, OTHER
PETROLEUM PRODUCTS, AND FUEL GASES INCLUDING, BUT NOT LIMITED  TO  METH-
ANE, NATURAL GAS, LIQUIFIED NATURAL GAS AND MANUFACTURED FUEL GASES.
  (D) "FOSSIL FUEL RELATED TAX EXPENDITURES" SHALL MEAN TAX EXPENDITURES
THAT  DIRECTLY  SUPPORT, ENCOURAGE OR HAVE A SIGNIFICANT RELATIONSHIP TO
THE PRODUCTION,  TRANSMISSION,  DISTRIBUTION,  TRANSPORTATION,  STORAGE,
SALE, PURCHASE, DELIVERY, CONSUMPTION OR USE OF FOSSIL FUELS.
  § 3. The opening paragraph and paragraphs (f) and (g) of subdivision 2
of section 181 of the executive law, the opening paragraph as amended by
chapter  309  of the laws of 1996 and paragraphs (f) and (g) as added by

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03121-02-9

S. 2649--A                          2

chapter 23 of the laws of 1990, are amended and two new  paragraphs  (h)
and (i) are added to read as follows:
  In  addition  to  the  information  required  by  article seven of the
constitution and section twenty-two of the state finance law, the gover-
nor shall submit to the legislature AND MAKE AVAILABLE TO THE PUBLIC  ON
THE  WEBSITES  OF THE STATE DIVISION OF BUDGET AND THE EXECUTIVE OFFICE,
AND ANY OTHER LOCATION DEEMED NECESSARY TO ENSURE EASE  OF  ACCESS,  [as
early  as  practicable,  but no later than thirty days after] CONCURRENT
WITH submitting the budget, a  tax  expenditure  report  containing  the
following  information  and  statements  relating to tax expenditures in
articles nine (other than section one  hundred  eighty),  nine-A,  thir-
teen-A,  twenty-two,  twenty-eight, thirty-one[, thirty-two] and thirty-
three of the tax law:
  (f) comment, if any, on the effectiveness and efficiency of other  tax
expenditures; [and]
  (g)  general  cautionary  and advisory notes concerning limitations of
data, estimation procedures, sampling errors and imputed values,  promi-
nently displayed[.];
  (H)  AN  ENUMERATION  OF  ALL  FOSSIL  FUEL  RELATED TAX EXPENDITURES,
INCLUDING THE ANNUAL COST OF  SUCH  EXPENDITURES  AND  THEIR  EXPIRATION
DATES  AND THE IMPACT OF SUCH EXPENDITURES IN REGARD TO ECONOMIC GROWTH,
JOBS, INDIVIDUAL COST OF LIVING AND FOSSIL FUEL EMISSIONS; AND
  (I) ANY RECOMMENDATIONS OF THE GOVERNOR REGARDING CONTINUING,  MODIFY-
ING  OR  REPEALING  SUCH  FOSSIL FUEL RELATED TAX EXPENDITURES, AND SUCH
OTHER INFORMATION REGARDING SUCH TAX EXPENDITURES AS HE OR SHE MAY  FEEL
USEFUL  AND  APPROPRIATE, IN CONSULTATION WITH THE STATE ENERGY PLANNING
BOARD.
  § 4. Notwithstanding any other provisions of law, there shall be  a  3
year expiration for all fossil fuel related tax expenditures, as defined
in  paragraph  (d) of subdivision 1 of section 181 of the executive law,
with such 3 year period commencing on the effective date  of  this  act;
provided, however, that if such an expenditure would otherwise expire or
be  deemed  repealed  pursuant  to  law  upon an earlier date, then such
expenditure shall expire or be deemed repealed upon such  earlier  date.
Any  new  fossil fuel related tax expenditure enacted by the legislature
after the effective date of this act shall be subject to a 3 year  expi-
ration  commencing  on  the effective date of the act which enacted such
expenditure unless otherwise specified by the legislature at that time.
  § 5. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

S2649B - Details

See Assembly Version of this Bill:: A257
Law Section:: Executive Law
Laws Affected:: Amd §181, Exec L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6881, A8675
2021-2022: S2721, A225
2023-2024: A7230

S2649B - Summary

S2649B - Sponsor Memo

 
BILL NUMBER: S2649B

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the executive law, in relation to requiring an annual
report of all fossil fuel related tax expenditures; and to provide for
the expiration of fossil fuel related tax expenditures

 
PURPOSE:

To require the Governor to submit an annual enumeration of fossil fuel
related tax expenditures, including recommendations regarding continua-
tion, modification or repeal of such expenditures; and to provide for
the expiration of all such expenditures within 3 years unless renewed
through legislative action.

 
SUMMARY OF PROVISIONS:

Section 1: Legislative findings.

Section 2: Definitions.

Section 3: Adds two new paragraphs to subdivision 2 of section 181 of
the executive law, requiring the Governor to submit information identi-
fying whether a tax expenditure is a fossil fuel related tax expenditure
and the impact of such expenditures in regard to economic growth, jobs,
individual cost of living and fossil fuel emissions.  The Governor shall
also make recommendations regarding continuing, modifying or repealing
such expenditures, in consultation with the state Energy Planning Board.

Section 4: Creates a 3-year expiration for all existing and newly-enact-
ed fossil fuel related tax expenditures.

 
JUSTIFICATION:

New York State spends over $1.5 billion every year on fossil fuel
related tax expenditures, distorting the market and subsidizing the use
of greenhouse gas-emitting fossil fuels. Some of these tax expenditures
may serve a compelling public interest such as offering heating assist-
ance to low-income New Yorkers. However, a significant proportion of the
spending serves to prop-up outdated industries or reward energy ineffi-
ciencies leading to a double cost to taxpayers once for the direct tax
expenditure and again for the environmental damage resulting from the
continued burning of fossil fuels.

To address the real and serious threat to the health, welfare and pros-
perity of all New Yorkers posed by human-caused climate change, New York
State has a goal of reducing greenhouse gas emissions by 80% below 1990
levels by 2050. Continuing to subsidize the use of fossil fuels delays
the adoption of cleaner alternatives, creates barriers to achieving our
climate goals and wastes precious taxpayer money.

This bill would require the Governor's annual Tax Expenditure Report to
include evaluations of all fossil fuel related tax expenditures, as well
as recommendations by the Governor regarding the continuation, modifica-
tion or repeal of such expenditures. The Governor's recommendation would
be made in consultation with the state Energy Planning Board, whose

members include representatives of NYSERDA, PSC, DEC, ESD, DOT, DOH,
DOL, DAM, Legislative appointees and others.

The bill also implements a 3-year sunset provision for all current and
future fossil fuel related tax expenditures, providing such expenditures
would not otherwise expire at an earlier date. The Legislature may, of
course, choose to renew any tax expenditure that it deems to be in the
public interest. This will create an evaluation process through which
outdated, counterproductive fossil fuel subsidies can be allowed to
expire, while those that provide a real benefit to New Yorkers can be
retained.

 
LEGISLATIVE HISTORY:

2017-18 S6881/A8675 Cahill - died in committee

 
FISCAL IMPLICATIONS:

Subject to evaluation by the Governor. Potential of millions of dollars
in savings to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S2649B - Bill Text download pdf


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

                                 2649--B

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 28, 2019
                               ___________

Introduced by Sens. KRUEGER, BIAGGI, BROOKS, GOUNARDES, HOYLMAN, KAPLAN,
  LIU,  MAY,  MONTGOMERY,  RIVERA,  SALAZAR,  SERRANO  -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Budget  and  Revenue  --  committee  discharged, bill amended, ordered
  reprinted as amended and recommitted to said  committee  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend the executive law, in relation to requiring an annual
  report of all fossil fuel related tax expenditures; and to provide for
  the expiration of fossil fuel related tax expenditures

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings.  The  legislature hereby finds and
declares that the use of fossil fuels result  in  greenhouse  gas  emis-
sions.  The  state  has  a  goal of reducing greenhouse gas emissions by
eighty percent below 1990 levels  by  2050  to  combat  climate  change.
Therefore,  the  state has an interest in reducing tax expenditures that
support fossil fuels. By creating a process through which  the  legisla-
ture  would  review  existing  fossil fuel tax expenditures on a regular
basis, the state can better ensure that they are in the public interest.
  § 2. Subdivision 1 of section 181 of the executive law is  amended  by
adding two new paragraphs (c) and (d) to read as follows:
  (C)  "FOSSIL  FUEL" SHALL HAVE THE SAME DEFINITION AS IN SECTION 1-103
OF THE ENERGY LAW AND INCLUDE BIODIESEL.
  (D) "FOSSIL FUEL RELATED TAX EXPENDITURES" SHALL MEAN TAX EXPENDITURES
THAT DIRECTLY SUPPORT THE PRODUCTION, TRANSMISSION, DISTRIBUTION, TRANS-
PORTATION, STORAGE, SALE, PURCHASE OR DELIVERY OF FOSSIL FUELS.
  § 3. The opening paragraph and paragraphs (f) and (g) of subdivision 2
of section 181 of the executive law, the opening paragraph as amended by
chapter 309 of the laws of 1996 and paragraphs (f) and (g) as  added  by

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03121-04-9

S. 2649--B                          2

chapter  23  of the laws of 1990, are amended and two new paragraphs (h)
and (i) are added to read as follows:
  In  addition  to  the  information  required  by  article seven of the
constitution and section twenty-two of the state finance law, the gover-
nor shall submit to the legislature AND MAKE AVAILABLE TO THE PUBLIC  ON
THE  WEBSITES  OF THE STATE DIVISION OF BUDGET AND THE EXECUTIVE OFFICE,
AND ANY OTHER LOCATION DEEMED NECESSARY TO ENSURE EASE  OF  ACCESS,  [as
early  as  practicable,  but no later than thirty days after] CONCURRENT
WITH submitting the budget, a  tax  expenditure  report  containing  the
following  information  and  statements  relating to tax expenditures in
articles nine (other than section one  hundred  eighty),  nine-A,  thir-
teen-A,  twenty-two,  twenty-eight, thirty-one[, thirty-two] and thirty-
three of the tax law:
  (f) comment, if any, on the effectiveness and efficiency of other  tax
expenditures; [and]
  (g)  general  cautionary  and advisory notes concerning limitations of
data, estimation procedures, sampling errors and imputed values,  promi-
nently displayed[.];
  (H) INFORMATION IDENTIFYING WHETHER A TAX EXPENDITURE IS A FOSSIL FUEL
RELATED TAX EXPENDITURE AND IF SO, PROVIDE ADDITIONAL INFORMATION ON THE
IMPACT OF SUCH EXPENDITURES IN REGARD TO ECONOMIC GROWTH, JOBS, INDIVID-
UAL COST OF LIVING AND FOSSIL FUEL EMISSIONS; AND
  (I)  ANY RECOMMENDATIONS OF THE GOVERNOR REGARDING CONTINUING, MODIFY-
ING OR REPEALING ANY IDENTIFIED FOSSIL FUEL  RELATED  TAX  EXPENDITURES,
AND  SUCH  OTHER  INFORMATION  REGARDING  SUCH  FOSSIL  FUEL RELATED TAX
EXPENDITURES AS HE OR SHE MAY FEEL USEFUL AND APPROPRIATE, IN  CONSULTA-
TION WITH THE STATE ENERGY PLANNING BOARD.
  §  4.  Notwithstanding any other provisions of law, there shall be a 3
year expiration for all fossil fuel related tax expenditures, as defined
in paragraph (d) of subdivision 1 of section 181 of the  executive  law,
with  such  3  year period commencing on the effective date of this act;
provided, however, that if such an expenditure would otherwise expire or
be deemed repealed pursuant to law  upon  an  earlier  date,  then  such
expenditure  shall  expire or be deemed repealed upon such earlier date.
Any new fossil fuel related tax expenditure enacted by  the  legislature
after  the effective date of this act shall be subject to a 3 year expi-
ration commencing on the effective date of the act  which  enacted  such
expenditure unless otherwise specified by the legislature at that time.
  § 5. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

S2649C (ACTIVE) - Details

See Assembly Version of this Bill:: A257
Law Section:: Executive Law
Laws Affected:: Amd §181, Exec L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6881, A8675
2021-2022: S2721, A225
2023-2024: A7230

S2649C (ACTIVE) - Summary

S2649C (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2649C

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the executive law, in relation to requiring an annual
report of all fossil fuel related tax expenditures; and to provide for
the expiration of fossil fuel related tax expenditures

 
PURPOSE:

To require the Governor to submit an annual enumeration of fossil fuel
related tax expenditures, including recommendations regarding continua-
tion, modification or repeal of such expenditures; and to provide for
the expiration of all such expenditures within 5 years unless renewed
through legislative action.

 
SUMMARY OF PROVISIONS:

Section 1: Legislative findings. Section 2: Definitions.

Section 3: Adds two new paragraphs to subdivision 2 of section 181 of
the executive law, requiring the Governor to submit information identi-
fying whether a tax expenditure is a fossil fuel related tax expenditure
and the impact of such expenditures in regard to economic growth, jobs,
individual cost of living and fossil fuel emissions.

The Governor shall also make recommendations regarding continuing, modi-
fying or repealing such expenditures, in consultation with the state
Energy Planning Board.

Section 4: Creates a 5-year expiration for all existing and newly-enact-
ed fossil fuel related tax expenditures.

 
JUSTIFICATION:

New York State spends over $1.5 billion every year on fossil fuel
related tax expenditures, distorting the market and subsidizing the use
of greenhouse gas-emitting fossil fuels. Some of these tax expenditures
may serve a compelling public interest such as offering heating assist-
ance to low-income New Yorkers. However, a significant proportion of the
spending serves to prop-up outdated industries or reward energy ineffi-
ciencies leading to a double cost to taxpayers once for the direct tax
expenditure and again for the environmental damage resulting from the
continued burning of fossil fuels.

To address the real and serious threat to the health, welfare and pros-
perity of all New Yorkers posed by human-caused climate change, New York
State has a goal of reducing greenhouse gas emissions by 80% below 1990
levels by 2050. Continuing to subsidize the use of fossil fuels delays
the adoption of cleaner alternatives,' creates barriers to achieving our
climate goals and wastes precious taxpayer money.

This bill would require the Governor's annual Tax Expenditure Report to
include evaluations of all fossil fuel related tax expenditures, as well
as recommendations by the Governor regarding the continuation, modifica-
tion or repeal of such expenditures. The Governor's recommendation would
be made in consultation with the state Energy Planning Board, whose

members include representatives of NYSERDA, PSC, DEC, ESD, DOT, DOH,
DOL, DAM, Legislative appointees and others.

The bill also implements a 5-year sunset provision for all current and
future fossil fuel related tax expenditures, providing such expenditures
would not otherwise expire at an earlier date. The Legislature may, of
course, choose to renew any tax expenditure that it deems to be in the
public interest. This will create an evaluation process through which
outdated, counterproductive fossil fuel subsidies can be allowed to
expire, while those that provide a real benefit to New Yorkers can be
retained.

 
LEGISLATIVE HISTORY:

2017-18 S6881/A8675 Cahill - died in committee

 
FISCAL IMPLICATIONS:

Subject to evaluation by the Governor. Potential of millions of dollars
in savings to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S2649C (ACTIVE) - Bill Text download pdf


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

                                 2649--C

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 28, 2019
                               ___________

Introduced by Sens. KRUEGER, BIAGGI, BROOKS, GOUNARDES, HOYLMAN, KAPLAN,
  LIU, MAY, METZGER, MONTGOMERY, MYRIE, RIVERA, SALAZAR, SERRANO -- read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Budget and Revenue -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- recommitted to the Committee on Budg-
  et and Revenue in accordance with Senate Rule 6, sec.  8  --  reported
  favorably  from  said  committee  and  committed  to  the Committee on
  Finance -- committee discharged, bill amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend the executive law, in relation to requiring an annual
  report of all fossil fuel related tax expenditures; and to provide for
  the expiration of fossil fuel related tax expenditures

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings.  The  legislature hereby finds and
declares that the use of fossil fuels result  in  greenhouse  gas  emis-
sions.  The  state  has  a  goal of reducing greenhouse gas emissions by
eighty percent below 1990 levels  by  2050  to  combat  climate  change.
Therefore,  the  state has an interest in reducing tax expenditures that
support fossil fuels. By creating a process through which  the  legisla-
ture  would  review  existing  fossil fuel tax expenditures on a regular
basis, the state can better ensure that they are in the public interest.
  § 2. Subdivision 1 of section 181 of the executive law is  amended  by
adding two new paragraphs (c) and (d) to read as follows:
  (C)  "FOSSIL  FUEL" SHALL HAVE THE SAME DEFINITION AS IN SECTION 1-103
OF THE ENERGY LAW AND INCLUDE BIODIESEL.
  (D) "FOSSIL FUEL RELATED TAX EXPENDITURES" SHALL MEAN TAX EXPENDITURES
THAT DIRECTLY SUPPORT THE PRODUCTION, TRANSMISSION, DISTRIBUTION, TRANS-
PORTATION, STORAGE, SALE, PURCHASE OR DELIVERY OF FOSSIL FUELS.

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

                                                           LBD03121-06-0

S. 2649--C                          2

  § 3. The opening paragraph and paragraphs (f) and (g) of subdivision 2
of section 181 of the executive law, the opening paragraph as amended by
chapter 309 of the laws of 1996 and paragraphs (f) and (g) as  added  by
chapter  23  of the laws of 1990, are amended and two new paragraphs (h)
and (i) are added to read as follows:
  In  addition  to  the  information  required  by  article seven of the
constitution and section twenty-two of the state finance law, the gover-
nor shall submit to the legislature AND MAKE AVAILABLE TO THE PUBLIC  ON
THE  WEBSITES  OF THE STATE DIVISION OF BUDGET AND THE EXECUTIVE OFFICE,
AND ANY OTHER LOCATION DEEMED NECESSARY TO ENSURE EASE  OF  ACCESS,  [as
early  as  practicable,  but no later than thirty days after] CONCURRENT
WITH submitting the budget, a  tax  expenditure  report  containing  the
following  information  and  statements  relating to tax expenditures in
articles nine (other than section one  hundred  eighty),  nine-A,  thir-
teen-A,  twenty-two,  twenty-eight, thirty-one[, thirty-two] and thirty-
three of the tax law:
  (f) comment, if any, on the effectiveness and efficiency of other  tax
expenditures; [and]
  (g)  general  cautionary  and advisory notes concerning limitations of
data, estimation procedures, sampling errors and imputed values,  promi-
nently displayed[.];
  (H) INFORMATION IDENTIFYING WHETHER A TAX EXPENDITURE IS A FOSSIL FUEL
RELATED TAX EXPENDITURE AND IF SO, PROVIDE ADDITIONAL INFORMATION ON THE
IMPACT OF SUCH EXPENDITURES IN REGARD TO ECONOMIC GROWTH, JOBS, INDIVID-
UAL COST OF LIVING AND FOSSIL FUEL EMISSIONS; AND
  (I)  ANY RECOMMENDATIONS OF THE GOVERNOR REGARDING CONTINUING, MODIFY-
ING OR REPEALING ANY IDENTIFIED FOSSIL FUEL  RELATED  TAX  EXPENDITURES,
AND  SUCH  OTHER  INFORMATION  REGARDING  SUCH  FOSSIL  FUEL RELATED TAX
EXPENDITURES AS HE OR SHE MAY FEEL USEFUL AND APPROPRIATE, IN  CONSULTA-
TION WITH THE STATE ENERGY PLANNING BOARD.
  §  4.  Notwithstanding any other provisions of law, there shall be a 5
year expiration for all fossil fuel related tax expenditures, as defined
in paragraph (d) of subdivision 1 of section 181 of the  executive  law,
with  such  5  year period commencing on the effective date of this act;
provided, however, that if such an expenditure would otherwise expire or
be deemed repealed pursuant to law  upon  an  earlier  date,  then  such
expenditure  shall  expire or be deemed repealed upon such earlier date.
Any new fossil fuel related tax expenditure enacted by  the  legislature
after  the effective date of this act shall be subject to a 5 year expi-
ration commencing on the effective date of the act  which  enacted  such
expenditure unless otherwise specified by the legislature at that time.
  § 5. This act shall take effect immediately.

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