Senate Bill S8179

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8179
 
                             I N  S E N A T E
 
                             January 31, 2022
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN  ACT to amend the public authorities law, in relation to establishing
   the natural carbon sequestration research program; and to amend part W
   of chapter 58 of the laws of 2021 authorizing the energy research  and
   development  authority  to finance a portion of its research, develop-
   ment and demonstration, policy and planning, and Fuel NY  program,  as
   well  as climate change related expenses of the department of environ-
   mental conservation and the department  of  agriculture  and  markets'
   Fuel  NY program, from an assessment on gas and electric corporations,
   in relation to funding for the natural carbon  sequestration  research
   program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public authorities law  is  amended  by  adding  a  new
 section 1884 to read as follows:
   §  1884.  NATURAL  CARBON  SEQUESTRATION RESEARCH PROGRAM. 1. THERE IS
 HEREBY ESTABLISHED THE NATURAL CARBON  SEQUESTRATION  RESEARCH  PROGRAM.
 THE  PURPOSE  OF  THE  PROGRAM  IS  TO  DEVELOP INNOVATIVE SCIENCE-BASED
 SOLUTIONS TO FACILITATE SEQUESTRATION OF CARBON IN  NEW  YORK'S  NATURAL
 AND  WORKING LANDS IN WAYS THAT DECREASE TOTAL GREENHOUSE GAS EMISSIONS.
 IN DEVELOPING THE PROGRAM, THE NEW YORK STATE COLLEGE OF AGRICULTURE AND
 LIFE SCIENCES AS NAMED PURSUANT TO SECTION FIFTY-SEVEN HUNDRED TWELVE OF
 THE EDUCATION LAW SHALL CONDUCT, SUPPORT, AND DEVELOP  TECHNOLOGIES  AND
 MANAGEMENT STRATEGIES, ALONG WITH VERIFICATION SYSTEMS TO FACILITATE THE
 NATURAL DRAWDOWN OF CARBON FROM THE ATMOSPHERE AND STORAGE UNDERGROUND.
   2.  THE  PROGRAM SHALL CONSIDER, BUT NOT BE LIMITED TO, THE FOLLOWING:
 STABILIZING EXISTING CARBON IN THE SOIL, INCREASING CARBON SEQUESTRATION
 THROUGH NEW PRACTICES AND CROPPING SYSTEMS,  PURPOSEFULLY  AMENDING  THE
 SOIL  WITH  BIOCHAR  AND  COMPOST TO BOOST TOTAL SOIL CARBON AND PROMOTE
 GREENHOUSE GAS LIFE CYCLE BENEFITS,  ADVANCING  DIRECT  AIR  CAPTURE  OF
 CARBON  DIOXIDE  IN FARMLAND AND LANDSCAPES THROUGH ENHANCED WEATHERING,
 UTILIZING OTHER INNOVATIVE TECHNOLOGIES, AND THE SYNERGIES BETWEEN  SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14342-02-2
 S. 8179                             2
 
 APPROACHES,  INCLUDING AGROFORESTRY AND REFORESTATION TO STORE CARBON IN
 BOTH TREES AND SOIL  WHILE  PRODUCING  ANCILLARY  BENEFITS  FOR  WORKING
 LANDS.  THE RESEARCH PROGRAM SHALL ALSO DEMONSTRATE SUCCESSFUL TECHNOLO-
 GIES IN PILOT LOCATIONS THROUGHOUT THE STATE OF NEW YORK AND UTILIZE THE
 CORNELL COOPERATIVE EXTENSION SYSTEM FOR KNOWLEDGE TRANSFER.
   3.  THE  PROGRAM SHALL INCLUDE, BUT NOT BE LIMITED TO, RESEARCH ON THE
 FOLLOWING TOPICS, CONSISTENT WITH NEW YORK STATE'S CLIMATE GOALS:
   (A)  METHODS  TO  SEQUESTER  CARBON  IN  SOILS  THROUGH   NATURE-BASED
 SOLUTIONS;
   (B)  IMPROVEMENT  OR  ENHANCEMENT  OF PHOTOSYNTHESIS IN PLANT LIFE AND
 DELIVERY TO SOIL TO FACILITATE CARBON SEQUESTRATION;
   (C) DEVELOPMENT AND DEPLOYMENT OF TECHNOLOGIES TO MEASURE,  MODEL  AND
 VERIFY CARBON STORAGE IN NATURAL AND WORKING LANDS;
   (D)  RESEARCH  THAT FACILITATES PRODUCTIVE AGROFORESTRY, AFFORESTATION
 AND  REFORESTATION,  INCLUDING  RESEARCH  THAT   FACILITATES   INCREASED
 NATURE-BASED CARBON STORAGE IN PEATLANDS AND WETLANDS; AND
   (E)  RESEARCH THAT QUANTIFIES TOTAL GREENHOUSE GAS BENEFITS, INCLUDING
 BUT NOT LIMITED TO NITROUS OXIDE, METHANE AND  CARBON,  TO  ASSURE  THAT
 THERE ARE OVERALL GREENHOUSE GAS EMISSION BENEFITS.
   § 2. Section 1 of part W of chapter 58 of the laws of 2021 authorizing
 the  energy  research  and development authority to finance a portion of
 its research, development and demonstration, policy  and  planning,  and
 Fuel  NY  program,  as  well  as  climate change related expenses of the
 department of environmental conservation and the department of  agricul-
 ture  and  markets' Fuel NY program, from an assessment on gas and elec-
 tric corporations is amended to read as follows:
   Section 1. Expenditures  of  moneys  by  the  New  York  state  energy
 research  and  development  authority  for  services and expenses of the
 energy  research,  development  and  demonstration  program,   including
 grants, the energy policy and planning program, the zero emissions vehi-
 cle  and  electric vehicle rebate program, and the Fuel NY program shall
 be subject to the provisions  of  this  section.    Notwithstanding  the
 provisions of subdivision 4-a of section 18-a of the public service law,
 all  moneys committed or expended in an amount not to exceed $22,700,000
 shall be reimbursed by assessment against gas corporations,  as  defined
 in  subdivision  11  of section 2 of the public service law and electric
 corporations as defined in subdivision 13 of section  2  of  the  public
 service  law, where such gas corporations and electric corporations have
 gross revenues from intrastate utility operations in excess of  $500,000
 in  the  preceding calendar year, and the total amount assessed shall be
 allocated to each electric corporation and gas corporation in proportion
 to its intrastate electricity and gas  revenues  in  the  calendar  year
 2019.  Such  amounts  shall  be  excluded  from  the  general assessment
 provisions of subdivision 2 of section 18-a of the public  service  law.
 The  chair  of  the public service commission shall bill such gas and/or
 electric corporations for such amounts on or before August 10, 2021  and
 such  amounts  shall  be  paid to the New York state energy research and
 development authority on or before September 10, 2021. Upon receipt, the
 New York state energy research and development authority  shall  deposit
 such  funds in the energy research and development operating fund estab-
 lished pursuant to section 1859 of the public authorities law.  The  New
 York  state  energy research and development authority is authorized and
 directed to: (1) transfer up to $4 million to the state general fund for
 climate change related services and expenses of the department of  envi-
 ronmental  conservation, $150,000 to the state general fund for services
 and expenses  of  the  department  of  agriculture  and  markets,  [and]
 S. 8179                             3
 
 $825,000 to the University of Rochester laboratory for laser energetics,
 AND  $1,000,000  TO  THE  NEW YORK STATE COLLEGE OF AGRICULTURE AND LIFE
 SCIENCES' NATURAL CARBON SEQUESTRIATION RESEARCH PROGRAM from the  funds
 received; and (2) commencing in 2016, provide to the chair of the public
 service  commission  and  the  director of the budget and the chairs and
 secretaries of the legislative fiscal committees, on  or  before  August
 first  of  each year, an itemized record, certified by the president and
 chief executive officer of  the  authority,  or  his  or  her  designee,
 detailing  any and all expenditures and commitments ascribable to moneys
 received as a result of this assessment by the chair of  the  department
 of  public  service  pursuant to section 18-a of the public service law.
 This itemized record shall include an itemized breakdown of the programs
 being funded by this section and the amount committed to  each  program.
 The  authority  shall not commit for any expenditure, any moneys derived
 from the assessment provided for in this section,  until  the  chair  of
 such  authority  shall  have  submitted,  and the director of the budget
 shall have approved, a comprehensive  financial  plan  encompassing  all
 moneys  available to and all anticipated commitments and expenditures by
 such authority from any source for the  operations  of  such  authority.
 Copies of the approved comprehensive financial plan shall be immediately
 submitted  by the chair to the chairs and secretaries of the legislative
 fiscal committees. Any such amount not committed by  such  authority  to
 contracts  or  contracts  to  be  awarded  or  otherwise expended by the
 authority during the fiscal year shall be refunded by such authority  on
 a  pro-rata  basis to such gas and/or electric corporations, in a manner
 to be determined by the department of public  service,  and  any  refund
 amounts  must  be  explicitly lined out in the itemized record described
 above.
   § 3. This act shall take effect immediately.