S T A T E O F N E W Y O R K
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9514
I N A S S E M B L Y
March 16, 2022
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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.