The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    225
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A.  CAHILL,  ENGLEBRIGHT, ROZIC, SIMON, EPSTEIN,
   L. ROSENTHAL, WEPRIN, COLTON, STECK -- read once and referred  to  the
   Committee on Governmental Operations
 
 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
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01469-01-1

 A. 225                              2
 
 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.