NY State Assembly Bill 2021-A9514A

Assembly Bill A9514A

2021-2022 Legislative Session

Requires applications for certain licenses to include specific information to evaluate such license applications for compliance with the goals set forth in the climate leadership and community protection act

download bill text pdf

Archive: Last Bill Status - In Assembly 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 18, 2022	print number 9514a
Apr 18, 2022	amend (t) and recommit to governmental operations
Mar 16, 2022	referred to governmental operations

Bill Amendments

Original

A (Active)

2021-A9514 - Details

See Senate Version of this Bill:: S8766
Current Committee:: Assembly Governmental Operations
Law Section:: State Administrative Procedure Act
Laws Affected:: Add §403, St Ad Proc Act
Versions Introduced in 2023-2024 Legislative Session:: S2720

2021-A9514 - Summary

Requires applications for licenses granted by certain entities to include specific information to enable such entities to evaluate such license applications for compliance with the goals set forth in the New York state climate leadership and community protection act.

2021-A9514 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9514
 
                           I N  A S S E M B L Y
 
                              March 16, 2022
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred to the Committee
   on Governmental Operations
 
 AN  ACT  to  amend  the  state  finance law and the state administrative
   procedure act, in relation to requiring  state  agencies  to  evaluate
   bids  and license applications for compliance with the goals set forth
   in the New York state climate leadership and community protection act

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  state finance law is amended by adding a new section
 139-m to read as follows:
   § 139-M. OBLIGATION TO COMPLY WITH THE NEW YORK STATE CLIMATE  LEADER-
 SHIP  AND  COMMUNITY  PROTECTION  ACT GOALS. 1. EVERY STATE AGENCY SHALL
 EVALUATE BIDS FOR COMPLIANCE WITH THE GOALS SET FORTH IN  THE  NEW  YORK
 STATE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT.
   2. EACH BIDDER SHALL SUBMIT WITH ITS BID INFORMATION STATING:
   (A)  HOW THE PROJECT ALIGNS WITH THE NEW YORK STATE CLIMATE LEADERSHIP
 AND COMMUNITY PROTECTION ACT, INCLUDING:
   (I) HOW THE PROJECT ALIGNS WITH THE GREENHOUSE GAS EMISSION LIMITS SET
 FORTH IN SECTION 75-0107 OF THE ENVIRONMENTAL CONSERVATION LAW;
   (II) WHAT ARE THE ESTIMATED GREENHOUSE GAS  EMISSIONS  RESULTING  FROM
 THE PROJECT;
   (III) WHAT ENERGY SOURCE WILL BE USED;
   (IV) WHAT ARE THE SHORT-TERM AND LONG-TERM ENERGY SOURCES THAT WILL BE
 USED  FOR  THE PROJECT AND WHAT ARE THE ANTICIPATED SHORT-TERM AND LONG-
 TERM EFFECTS OF USING SUCH ENERGY SOURCES;
   (B) HOW THE PROJECT WILL IMPACT THE GOALS SET FORTH IN  THE  NEW  YORK
 STATE  CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT, INCLUDING CALCU-
 LATIONS OF ENERGY USAGE, INCORPORATING UPSTREAM IMPACTS  FROM  POINT  OF
 ENERGY USAGE;
   (C) AN ASSESSMENT OF IMPACT ON ENVIRONMENTAL JUSTICE PURSUANT TO ARTI-
 CLE FORTY-EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW; AND
   (D)  THE  NUMBER  OF  JOBS  ESTIMATED TO BE CREATED AS A RESULT OF THE
 PROJECT, IF ANY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14564-01-2

 A. 9514                             2
 
   3. STATE AGENCIES SHALL EVALUATE THE INFORMATION PROVIDED IN  THE  BID
 PURSUANT TO SUBDIVISION TWO OF THIS SECTION TO DETERMINE HOW CLOSELY THE
 BID  ALIGNS TO THE GOALS SET FORTH IN THE NEW YORK STATE CLIMATE LEADER-
 SHIP AND COMMUNITY PROTECTION ACT AND SHALL TAKE SUCH  INFORMATION  INTO
 ACCOUNT WHEN MAKING A FINAL DETERMINATION ON THE BID.
   §  2. Subdivision 2 of section 163 of the state finance law is amended
 by adding a new paragraph g to read as follows:
   G. TO ENSURE COMPLIANCE WITH THE GOALS SET FORTH IN THE NEW YORK STATE
 CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT  BY  REQUIRING  BIDS  TO
 INCLUDE  INFORMATION STATING HOW THE BID ALIGNS WITH THE ACT, INCLUDING:
 HOW THE BID ALIGNS WITH THE GREENHOUSE GAS EMISSION LIMITS SET FORTH  IN
 SECTION  75-0107  OF  THE  ENVIRONMENTAL  CONSERVATION LAW; WHAT ARE THE
 ESTIMATED GREENHOUSE GAS EMISSIONS RESULTING FROM THE BID;  WHAT  ENERGY
 SOURCE  WILL  BE  USED; AND WHAT ARE THE SHORT-TERM AND LONG-TERM ENERGY
 SOURCES THAT WILL BE USED FOR THE  BID  AND  WHAT  ARE  THE  ANTICIPATED
 SHORT-TERM  AND  LONG-TERM EFFECTS OF USING SUCH ENERGY SOURCES; HOW THE
 BID WILL IMPACT THE GOALS SET FORTH IN THE NEW YORK STATE CLIMATE  LEAD-
 ERSHIP  AND  COMMUNITY  PROTECTION ACT, INCLUDING CALCULATIONS OF ENERGY
 USAGE, INCORPORATING UPSTREAM IMPACTS FROM POINT  OF  ENERGY  USAGE;  AN
 ASSESSMENT  OF  IMPACT  ON  ENVIRONMENTAL  JUSTICE  PURSUANT  TO ARTICLE
 FORTY-EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW;  AND  THE  NUMBER  OF
 JOBS ESTIMATED TO BE CREATED AS A RESULT OF THE PROJECT, IF ANY.
   §  3.  Section 163 of the state finance law is amended by adding a new
 subdivision 16 to read as follows:
   16. COMPLIANCE WITH THE NEW YORK STATE CLIMATE LEADERSHIP AND COMMUNI-
 TY PROTECTION ACT. IT SHALL BE THE RESPONSIBILITY OF THE  HEAD  OF  EACH
 STATE AGENCY TO REVIEW AND, AS NEEDED, REVISE THE PROCUREMENT PROCESS TO
 ENSURE  THAT  STATE  AGENCY  PURCHASES ARE CONDUCTED IN A MANNER THAT IS
 CONSISTENT WITH THE GOALS SET FORTH IN THE NEW YORK STATE CLIMATE  LEAD-
 ERSHIP  AND  COMMUNITY  PROTECTION  ACT. SUCH PROCESS SHALL REQUIRE THAT
 EACH BIDDER INCLUDE INFORMATION STATING:
   A. HOW THE BID ALIGNS WITH THE NEW YORK STATE CLIMATE  LEADERSHIP  AND
 COMMUNITY PROTECTION ACT, INCLUDING:
   (I)  HOW  THE  BID  ALIGNS WITH THE GREENHOUSE GAS EMISSION LIMITS SET
 FORTH IN SECTION 75-0107 OF THE ENVIRONMENTAL CONSERVATION LAW;
   (II) WHAT ARE THE ESTIMATED GREENHOUSE GAS  EMISSIONS  RESULTING  FROM
 THE BID;
   (III) WHAT ENERGY SOURCE WILL BE USED;
   (IV) WHAT ARE THE SHORT-TERM AND LONG-TERM ENERGY SOURCES THAT WILL BE
 USED  FOR  THE BID AND WHAT ARE THE ANTICIPATED SHORT-TERM AND LONG-TERM
 EFFECTS OF USING SUCH ENERGY SOURCES;
   B. HOW THE BID WILL IMPACT THE GOALS SET FORTH IN THE NEW  YORK  STATE
 CLIMATE  LEADERSHIP AND COMMUNITY PROTECTION ACT, INCLUDING CALCULATIONS
 OF ENERGY USAGE, INCORPORATING UPSTREAM IMPACTS  FROM  POINT  OF  ENERGY
 USAGE;
   C.  AN ASSESSMENT OF IMPACT ON ENVIRONMENTAL JUSTICE PURSUANT TO ARTI-
 CLE FORTY-EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW; AND
   D. THE NUMBER OF JOBS ESTIMATED TO BE CREATED AS A RESULT OF THE  BID,
 IF ANY.
   § 4. The state administrative procedure act is amended by adding a new
 section 403 to read as follows:
   §  403.  COMPLIANCE  WITH  THE  NEW  YORK STATE CLIMATE LEADERSHIP AND
 COMMUNITY PROTECTION ACT. 1. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
 CONTRARY, A STATE AGENCY SHALL, BY PROMULGATION OF REGULATIONS,  REQUIRE
 AN APPLICATION FOR A LICENSE TO INCLUDE INFORMATION REGARDING COMPLIANCE
 WITH  THE  GOALS  SET FORTH IN THE NEW YORK STATE CLIMATE LEADERSHIP AND
 A. 9514                             3
 
 COMMUNITY PROTECTION ACT.  SUCH  INFORMATION  SHALL  REQUIRE  THAT  EACH
 APPLICANT PROVIDE INFORMATION STATING:
   A.  HOW  THE LICENSE ALIGNS WITH THE NEW YORK STATE CLIMATE LEADERSHIP
 AND COMMUNITY PROTECTION ACT, INCLUDING:
   (I) HOW THE LICENSE ALIGNS WITH THE GREENHOUSE GAS EMISSION LIMITS SET
 FORTH IN SECTION 75-0107 OF THE ENVIRONMENTAL CONSERVATION LAW;
   (II) WHAT ARE THE ESTIMATED GREENHOUSE GAS  EMISSIONS  RESULTING  FROM
 THE LICENSE;
   (III) WHAT ENERGY SOURCE WILL BE USED;
   (IV) WHAT ARE THE SHORT-TERM AND LONG-TERM ENERGY SOURCES THAT WILL BE
 USED  FOR  THE LICENSE AND WHAT ARE THE ANTICIPATED SHORT-TERM AND LONG-
 TERM EFFECTS OF USING SUCH ENERGY SOURCES;
   B. HOW THE LICENSE WILL IMPACT THE GOALS SET FORTH  IN  THE  NEW  YORK
 STATE  CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT, INCLUDING CALCU-
 LATIONS OF ENERGY USAGE, INCORPORATING UPSTREAM IMPACTS  FROM  POINT  OF
 ENERGY USAGE;
   C.  AN ASSESSMENT OF IMPACT ON ENVIRONMENTAL JUSTICE PURSUANT TO ARTI-
 CLE FORTY-EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW; AND
   D. THE NUMBER OF JOBS ESTIMATED TO BE  CREATED  AS  A  RESULT  OF  THE
 LICENSE, IF ANY.
   2.  THIS SECTION SHALL APPLY TO APPLICATIONS FOR THE ISSUANCE, MODIFI-
 CATION OR RENEWAL OF ANY PERMIT, LICENSE, CERTIFICATE, APPROVAL,  REGIS-
 TRATION, CHARTER, OR SIMILAR FORM OF PERMISSION OR AUTHORITY REQUIRED BY
 LAW,  OR BY STATE AGENCY RULES HAVING THE FORCE AND EFFECT OF LAW, WHICH
 IS REQUIRED FOR A BUSINESS  UNDERTAKING,  PROJECT  OR  ACTIVITY  FOR  AN
 APPLICANT,  BUT  SHALL  NOT  INCLUDE  BONDS  OR  OTHER FORMS OF SECURITY
 REQUIRED TO BE SUBMITTED BY  APPLICANTS,  ANY  INDIVIDUAL  LICENSES  FOR
 PRACTICING  A PROFESSION PRESCRIBED IN TITLE EIGHT OF THE EDUCATION LAW,
 FILINGS UNDER THE UNIFORM  COMMERCIAL  CODE,  OR  ROUTINE  LICENSES  AND
 PERMITS  FOR  INDIVIDUAL  PRIVILEGES, INCLUDING LICENSES FOR OPERATING A
 MOTOR VEHICLE.
   § 5. This act shall take effect immediately.

2021-A9514A (ACTIVE) - Details

See Senate Version of this Bill:: S8766
Current Committee:: Assembly Governmental Operations
Law Section:: State Administrative Procedure Act
Laws Affected:: Add §403, St Ad Proc Act
Versions Introduced in 2023-2024 Legislative Session:: S2720

2021-A9514A (ACTIVE) - Summary

2021-A9514A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9514--A
 
                           I N  A S S E M B L Y
 
                              March 16, 2022
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred to the Committee
   on  Governmental  Operations  --  committee  discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the state administrative procedure act, in  relation  to
   requiring  certain  entities  to  evaluate  license  applications  for
   compliance with the goals set forth in  the  New  York  state  climate
   leadership and community protection act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The state administrative procedure act is amended by adding
 a new section 403 to read as follows:
   § 403. COMPLIANCE WITH THE  NEW  YORK  STATE  CLIMATE  LEADERSHIP  AND
 COMMUNITY PROTECTION ACT. 1. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
 CONTRARY,  THE  DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE DEPARTMENT
 OF PUBLIC SERVICE, THE NEW YORK POWER AUTHORITY, THE LONG  ISLAND  POWER
 AUTHORITY, THE OFFICE OF RENEWABLE ENERGY SITING, AND THE NEW YORK STATE
 ENERGY  RESEARCH  AND  DEVELOPMENT  AUTHORITY  SHALL, BY PROMULGATION OF
 REGULATIONS, REQUIRE AN APPLICATION FOR A LICENSE TO INCLUDE INFORMATION
 REGARDING COMPLIANCE WITH THE GOALS SET FORTH  IN  THE  NEW  YORK  STATE
 CLIMATE  LEADERSHIP AND COMMUNITY PROTECTION ACT. SUCH INFORMATION SHALL
 REQUIRE THAT EACH APPLICANT PROVIDE INFORMATION STATING:
   A. HOW THE LICENSE ALIGNS WITH THE NEW YORK STATE  CLIMATE  LEADERSHIP
 AND COMMUNITY PROTECTION ACT, INCLUDING:
   (I) HOW THE LICENSE ALIGNS WITH THE GREENHOUSE GAS EMISSION LIMITS SET
 FORTH IN SECTION 75-0107 OF THE ENVIRONMENTAL CONSERVATION LAW;
   (II)  WHAT  ARE  THE ESTIMATED GREENHOUSE GAS EMISSIONS RESULTING FROM
 THE LICENSE;
   (III) WHAT ENERGY SOURCE WILL BE USED;
   (IV) WHAT ARE THE SHORT-TERM AND LONG-TERM ENERGY SOURCES THAT WILL BE
 USED FOR THE LICENSE AND WHAT ARE THE ANTICIPATED SHORT-TERM  AND  LONG-
 TERM EFFECTS OF USING SUCH ENERGY SOURCES;
   B.  HOW  THE  LICENSE  WILL IMPACT THE GOALS SET FORTH IN THE NEW YORK
 STATE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT, INCLUDING  CALCU-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14564-02-2

 A. 9514--A                          2
 
 LATIONS  OF  ENERGY  USAGE, INCORPORATING UPSTREAM IMPACTS FROM POINT OF
 ENERGY USAGE;
   C.  AN ASSESSMENT OF IMPACT ON ENVIRONMENTAL JUSTICE PURSUANT TO ARTI-
 CLE FORTY-EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW; AND
   D. THE NUMBER OF JOBS ESTIMATED TO BE  CREATED  AS  A  RESULT  OF  THE
 LICENSE, IF ANY.
   2.  THIS SECTION SHALL APPLY TO APPLICATIONS FOR THE ISSUANCE, MODIFI-
 CATION OR RENEWAL OF ANY PERMIT, LICENSE, CERTIFICATE, APPROVAL,  REGIS-
 TRATION, CHARTER, OR SIMILAR FORM OF PERMISSION OR AUTHORITY REQUIRED BY
 LAW,  OR BY STATE AGENCY RULES HAVING THE FORCE AND EFFECT OF LAW, WHICH
 IS REQUIRED FOR A BUSINESS  UNDERTAKING,  PROJECT  OR  ACTIVITY  FOR  AN
 APPLICANT,  BUT  SHALL  NOT  INCLUDE  BONDS  OR  OTHER FORMS OF SECURITY
 REQUIRED TO BE SUBMITTED BY  APPLICANTS,  ANY  INDIVIDUAL  LICENSES  FOR
 PRACTICING  A PROFESSION PRESCRIBED IN TITLE EIGHT OF THE EDUCATION LAW,
 FILINGS UNDER THE UNIFORM  COMMERCIAL  CODE,  OR  ROUTINE  LICENSES  AND
 PERMITS  FOR  INDIVIDUAL  PRIVILEGES, INCLUDING LICENSES FOR OPERATING A
 MOTOR VEHICLE.
   § 2. This act shall take effect immediately.

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