Assembly Actions - Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 15, 2023 | print number 2129a |
May 15, 2023 | amend and recommit to finance |
Apr 17, 2023 | reported and committed to finance |
Jan 18, 2023 | referred to environmental conservation |
senate Bill S2129A
Establishes the climate change adaptation cost recovery program and the climate change adaptation fund
Sponsored By
Liz Krueger
(D, WF) 28th Senate District
Current Bill Status - In Senate Committee Finance Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Your Voice
Actions
-
view actions (4)
Votes
-
view votes
Apr 17, 2023 - Environmental Conservation committee Vote
S212963committee6Aye3Nay2Aye with Reservations0Absent0Excused0Abstained
Co-Sponsors
Joseph P. Addabbo Jr
(D) 15th Senate District
Cordell Cleare
(D) 30th Senate District
Nathalia Fernandez
(D) 34th Senate District
Michael Gianaris
(D, WF) 12th Senate District
- view additional co-sponsors
Kristen Gonzalez
(D, WF) 59th Senate District
Andrew Gounardes
(D) 26th Senate District
Brad Hoylman-Sigal
(D, WF) 47th Senate District
Robert Jackson
(D, WF) 31st Senate District
Brian Kavanagh
(D) 27th Senate District
John C. Liu
(D) 16th Senate District
Rachel May
(D, WF) 48th Senate District
Zellnor Myrie
(D) 20th Senate District
Kevin S. Parker
(D, WF) 21st Senate District
Jessica Ramos
(D, WF) 13th Senate District
Gustavo Rivera
(D, WF) 33rd Senate District
Julia Salazar
(D, WF) 18th Senate District
James Sanders Jr.
(D) 10th Senate District
Luis R. Sepúlveda
(D) 32nd Senate District
José M. Serrano
(D, WF) 29th Senate District
Toby Ann Stavisky
(D) 11th Senate District
S2129 - Details
- See Assembly Version of this Bill:
- A3351
- Current Committee:
- Senate Finance
- Law Section:
- Environmental Conservation Law
- Laws Affected:
- Add Art 76 §§76-0101 - 76-0105, En Con L; add §97-m, St Fin L
- Versions Introduced in 2021-2022 Legislative Session:
-
S9417, A10556
S2129 - Summary
Establishes the climate change adaptation cost recovery program to require companies that have contributed significantly to the buildup of climate-warming greenhouse gases in the atmosphere to bear a share of the costs of needed infrastructure investments to adapt to climate change; mandates that projects funded by the program require compliance with prevailing wage requirements; requires that contracts for funded projects contain a provision that the structural iron and structural steel used or supplied in the performance of the contract or any subcontract thereto shall be produced or made in whole or substantial part in the United States, its territories or possessions; makes additional provisions… (view more) and establishes the climate change adaptation fund.
S2129 - Sponsor Memo
BILL NUMBER: S2129 SPONSOR: KRUEGER TITLE OF BILL: An act to amend the environmental conservation law, in relation to establishing the climate change adaptation cost recovery program; and to amend the state finance law, in relation to establishing the climate change adaptation fund PURPOSE: The purpose of the bill is to establish the climate change adaptation cost recovery program, which would require companies that have contrib- uted significantly to the buildup of greenhouse gases, the primary cause of climate change, to bear a share of the costs of infrastructure investments required to adapt to the impacts of climate change in New York State. SUMMARY OF SPECIFIC PROVISIONS: Section 1: Names the bill the Climate Change Superfund Act.
Section 2: Legislative findings. Section 3: Creates a new article 76 in the environmental conservation law to create the climate change adaptation cost recovery program: 76-101: Definitions 76-103: 1. Establishes the climate change adaptation cost recovery program. 2. Outlines the purposes and structure of the program. 3. Details the method for calculating the cost recovery demand amount for each fossil fuel company found to be a responsible party. 4. Requires DEC to promulgate regulations to implement the program, including the identification of responsible parties, the procedures for issuing notices of cost recovery demands and collecting payment on those demands, and procedures for identifying projects that would qualify as climate change adaptive infrastructure projects, as well as a require- ment to hold at least two public hearings on the proposed regulations. 5. Requires DEC, within two years, to complete a Statewide Climate Change Adaptation Master Plan for the purpose of guiding the dispersal of funds in a timely, efficient, and equitable manner to all regions of the state. 6. Authorizes DEC, the Department of Taxation and Finance, and the attorney general to enforce the provisions of the article. 7. Entitles a fossil fuel company designated as a responsible party an opportunity to contest a proposed action under this statute consistent with due process requirements of the U.S. Constitution. 8. Requires monies received to be deposited in the climate change adap- tation fund. 9. Requires projects funded through the program to comply with prevail- ing wage requirements, and adds additional requirements for certain projects, including apprenticeship agreements, project labor agreements, and US manufacturing requirements. 10. Requires DEC to conduct an independent evaluation of the program. Section 4: Creates a new section 97-k within the state finance law establishing the climate change adaptation fund in the custody of the comptroller and the commissioner of taxation and finance, to receive monies through cost recovery demands and issue funds for qualifying expenditures of the climate change adaptation cost recovery program. Section 5: Nothing in this act shall preclude the pursuit of civil action or other remedy by any person. Section 6: Severability. Section 7: Liberal construction. Section 8: This act shall take effect immediately. JUSTIFICATION: Climate change, resulting primarily from the combustion of fossil fuels, is an immediate, grave threat to New York's communities, environment, and economy. In addition to mitigating the further buildup of greenhouse gases, the State must take action to adapt to certain consequences of climate change that are irreversible, including rising sea levels, increasing temperatures, extreme weather events, flooding, heat waves, toxic algae blooms and other climate-change-driven threats. Maintaining New York's quality of life into the future, particularly for young people, who will experience greater impacts from climate change over their lifetimes, will be one of the State's greatest challenges over the next three decades. Meeting that challenge will require a shared commitment of purpose and huge investments in new or upgraded infras- tructure. New York has previously adopted programs now in place - the inactive hazardous waste disposal site program (also known as the state superfund program) and the oil spill fund - to remediate environmental damage to lands and waters based on the principle that, where possible, the enti- ties responsible for environmental damage should pay for its clean up. No similar program exists yet for the pollution of the atmosphere by greenhouse gas buildup as a result of burning fossil fuels. Based on decades of research it is now possible to determine with great accuracy the share of carbon dioxide released into the atmosphere by specific fossil fuel companies over the last 70 years or more, making it possible to assign liability to and require compensation from companies commensurate with their emission of carbon dioxide into the atmosphere during a given time period. This bill would establish a Climate Change Adaptation Cost Recovery Program that will require companies that have contributed significantly to the buildup of greenhouse gases in the atmosphere to bear a propor- tionate share of the cost of infrastructure investments required to adapt to the impacts of climate change in New York State. The obligation to pay under the program is based on fossil fuel compa- nies' historic contribution to the buildup of greenhouse gases. The program operates under a standard of strict liability; companies are required to pay into the fund because the use of their products caused the pollution. No finding of wrongdoing is required. Nonetheless, it is important to recognize that the actions of many of the biggest fossil fuel companies have been unconscionable, closely reflecting the strategy of denial, deflection, and delay perfected by the tobacco industry. In spite of the information provided by their own scientists that the continued burning of fossil fuels would have catastrophic results, these companies hid the truth from the public and actively spread false information that the science of climate change was uncertain when in fact it was beyond controversy. This breach of the public trust was breathtaking in its scope and consequences, and it continues to this day. For example, while claiming a commitment to renewable energy, Chevron invested only 2% and ExxonMobil only 1.6% of their total capital investments in low-carbon sources. In 2022, the fossil fuel industry has taken advantage of several over- lapping global crises to earn immense profits (Chevron and ExxonMobil had combined profits for the first quarter of 2022 of over $11.8 billion), charging incredibly high prices while aggressively rejecting any responsibility for the costs of its business activities. While all the profits accrue to the companies, all the costs of climate change are paid by taxpayers. This is a market failure that needs to be addressed through policy change. The Climate Change Adaptation Cost Recovery Program is remedial in nature, seeking compensation for damages resulting from the past actions of polluters. Payments by historical polluters into the Program would be used for new or upgraded infrastructure needs such as coastal wetlands restoration, storm water drainage system upgrades, and energy efficient cooling systems in public and private buildings, including schools and public housing, all of which are necessary to protect the public safety and welfare in the face of the growing impacts of climate change. Disad- vantaged communities would receive at least 35%, with a goal of at least 40%, of the overall benefits of Program spending. LEGISLATIVE HISTORY: 2021-22:S.9417/A.10556 Dinowitz- Referred to Environmental Conservation Committee FISCAL IMPACT ON THE STATE: Potential to collect up to $75 billion over 25 years for climate change adaptive infrastructure projects in the state. EFFECTIVE DATE: This act shall take effect immediately.
S2129 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2129 2023-2024 Regular Sessions I N S E N A T E January 18, 2023 ___________ Introduced by Sens. KRUEGER, HOYLMAN-SIGAL, MAY, RAMOS, RIVERA, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to establishing the climate change adaptation cost recovery program; and to amend the state finance law, in relation to establishing the climate change adaptation fund THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "climate change superfund act". § 2. Legislative findings. The legislature finds and declares the following: 1. Climate change, resulting primarily from the combustion of fossil fuels, is an immediate, grave threat to the state's communities, envi- ronment, and economy. In addition to mitigating the further buildup of greenhouse gases, the state must take action to adapt to certain conse- quences of climate change that are irreversible, including rising sea levels, increasing temperatures, extreme weather events, flooding, heat waves, toxic algal blooms and other climate-change-driven threats. Maintaining New York's quality of life into the future, particularly for young people, who will experience greater impacts from climate change over their lifetimes, will be one of the state's greatest challenges over the next three decades. Meeting that challenge will require a shared commitment of purpose and huge investments in new or upgraded infrastructure. 2. New York has previously adopted programs now in place - the inac- tive hazardous waste disposal site (state superfund) program and the oil spill fund - to remediate environmental damage to lands and waters based on the principle that, where possible, the entities responsible for environmental damage should pay for its cleanup. No similar program EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02710-03-3
S. 2129 2 exists yet for the pollution of the atmosphere by greenhouse gas buildup as a result of burning fossil fuels. 3. Based on decades of research it is now possible to determine with great accuracy the share of greenhouse gases released into the atmos- phere by specific fossil fuel companies over the last 70 years or more, making it possible to assign liability to and require compensation from companies commensurate with their emissions during a given time period. 4. It is the intent of the legislature to establish a climate change adaptation cost recovery program that will require companies that have contributed significantly to the buildup of climate change-driving greenhouse gases in the atmosphere to bear a proportionate share of the cost of infrastructure investments required to adapt to the impacts of climate change in New York state. 5. a. The obligation to pay under the program is based on the fossil fuel companies' historic contribution to the buildup of greenhouse gases that is largely responsible for climate change. The program operates under a standard of strict liability; companies are required to pay into the fund because the use of their products caused the pollution. No finding of wrongdoing is required. b. Nonetheless, the legislature recognizes that the actions of many of the biggest fossil fuel companies have been unconscionable, closely reflecting the strategy of denial, deflection, and delay used by the tobacco industry. In spite of the information provided by their own scientists that the continued burning of fossil fuels would have catastrophic results, these companies hid the truth from the public and actively spread false information that the science of climate change was uncertain when in fact it was beyond controversy. This breach of the public trust was breathtaking in its scope and consequences, and it continues to this day. c. Since 2022, the fossil fuel industry has taken advantage of several overlapping global crises to earn immense profits, charging record high prices while aggressively rejecting any responsibility for the costs of its business activities. While all the profits accrue to the companies, all of the costs of climate change are paid by taxpayers and individ- uals. This is a market failure that needs to be addressed through policy change. 6. Payments by historical polluters into the climate change adaptation cost recovery program would be used for new or upgraded infrastructure needs such as coastal wetlands restoration, storm water drainage system upgrades, and energy efficient cooling systems in public and private buildings, including schools and public housing, all of which are neces- sary to protect the public safety and welfare in the face of the growing impacts of climate change. At least 35%, with a goal of at least 40% of the overall benefits of program spending would go to climate change adaptive infrastructure projects that directly benefit disadvantaged communities. 7. This act is not intended to intrude on the authority of the federal government in areas where it has preempted the right of the states to legislate. This act is remedial in nature, seeking compensation for damages resulting from the past actions of polluters. § 3. The environmental conservation law is amended by adding a new article 76 to read as follows: ARTICLE 76 CLIMATE CHANGE ADAPTATION COST RECOVERY PROGRAM SECTION 76-0101. DEFINITIONS. 76-0103. THE CLIMATE CHANGE ADAPTATION COST RECOVERY PROGRAM. S. 2129 3 § 76-0101. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "APPLICABLE PAYMENT DATE" MEANS SEPTEMBER THIRTIETH OF THE SECOND CALENDAR YEAR FOLLOWING THE YEAR IN WHICH THIS ARTICLE IS ENACTED INTO LAW. 2. "CLIMATE CHANGE ADAPTIVE INFRASTRUCTURE PROJECT" MEANS AN INFRAS- TRUCTURE PROJECT DESIGNED TO AVOID, MODERATE, REPAIR, OR ADAPT TO NEGA- TIVE IMPACTS CAUSED BY CLIMATE CHANGE, AND TO ASSIST COMMUNITIES, HOUSE- HOLDS, AND BUSINESSES IN PREPARING FOR FUTURE CLIMATE CHANGE-DRIVEN DISRUPTIONS. SUCH PROJECTS INCLUDE BUT ARE NOT LIMITED TO RESTORING COASTAL WETLANDS AND DEVELOPING OTHER NATURE-BASED SOLUTIONS AND COASTAL PROTECTIONS; UPGRADING STORM WATER DRAINAGE SYSTEMS; MAKING DEFENSIVE UPGRADES TO ROADS, BRIDGES, SUBWAYS, AND TRANSIT SYSTEMS; PREPARING FOR AND RECOVERING FROM HURRICANES AND OTHER EXTREME WEATHER EVENTS; UNDER- TAKING PREVENTIVE HEALTH CARE PROGRAMS AND PROVIDING MEDICAL CARE TO TREAT ILLNESS OR INJURY CAUSED BY THE EFFECTS OF CLIMATE CHANGE; RELO- CATING, ELEVATING, OR RETROFITTING SEWAGE TREATMENT PLANTS VULNERABLE TO FLOODING; INSTALLING ENERGY EFFICIENT COOLING SYSTEMS AND OTHER WEATHER- IZATION AND ENERGY EFFICIENCY UPGRADES AND RETROFITS IN PUBLIC AND PRIVATE BUILDINGS, INCLUDING SCHOOLS AND PUBLIC HOUSING; UPGRADING PARTS OF THE ELECTRICAL GRID TO INCREASE STABILITY AND RESILIENCE, INCLUDING SUPPORTING THE CREATION OF SELF-SUFFICIENT CLEAN ENERGY MICROGRIDS; ADDRESSING URBAN HEAT ISLAND EFFECTS THROUGH GREEN SPACES, URBAN FORES- TRY, AND OTHER INTERVENTIONS; AND RESPONDING TO TOXIC ALGAE BLOOMS, LOSS OF AGRICULTURAL TOPSOIL, AND OTHER CLIMATE-DRIVEN ECOSYSTEM THREATS TO FORESTS, FARMS, FISHERIES, AND FOOD SYSTEMS. 3. "COAL" SHALL HAVE THE SAME DEFINITION AS IN SECTION 1-103 OF THE ENERGY LAW. 4. "CONTROLLED GROUP" MEANS TWO OR MORE ENTITIES TREATED AS A SINGLE EMPLOYER UNDER SECTION 52(A) OR (B) OR SECTION 414(M) OR (O) OF THE INTERNAL REVENUE CODE. IN APPLYING SUBSECTIONS (A) AND (B) OF SECTION 52, SECTION 1563 OF THE INTERNAL REVENUE CODE SHALL BE APPLIED WITHOUT REGARD TO SUBSECTION(B)(2)(C). FOR PURPOSES OF THIS ARTICLE, ENTITIES IN A CONTROLLED GROUP ARE TREATED AS A SINGLE ENTITY FOR PURPOSES OF MEET- ING THE DEFINITION OF RESPONSIBLE PARTY AND ARE JOINTLY AND SEVERALLY LIABLE FOR PAYMENT OF ANY COST RECOVERY DEMAND OWED BY ANY ENTITY IN THE CONTROLLED GROUP. 5. "COST RECOVERY DEMAND" MEANS A CHARGE ASSERTED AGAINST A RESPONSI- BLE PARTY FOR COST RECOVERY PAYMENTS UNDER THE PROGRAM FOR PAYMENT TO THE FUND. 6. "COVERED GREENHOUSE GAS EMISSIONS" MEANS, WITH RESPECT TO ANY ENTI- TY, THE TOTAL QUANTITY OF GREENHOUSE GASES RELEASED INTO THE ATMOSPHERE DURING THE COVERED PERIOD, EXPRESSED IN METRIC TONS OF CARBON DIOXIDE EQUIVALENT, RESULTING FROM THE USE OF FOSSIL FUELS OR PETROLEUM PRODUCTS EXTRACTED, PRODUCED, REFINED, OR SOLD BY SUCH ENTITY. 7. "COVERED PERIOD" MEANS THE PERIOD THAT BEGAN JANUARY FIRST, TWO THOUSAND AND ENDED ON DECEMBER THIRTY-FIRST, TWO THOUSAND EIGHTEEN. 8. "CRUDE OIL" MEANS OIL OR PETROLEUM OF ANY KIND AND IN ANY FORM, INCLUDING BITUMEN, OIL SANDS, HEAVY OIL, CONVENTIONAL AND UNCONVENTIONAL OIL, SHALE OIL, NATURAL GAS LIQUIDS, CONDENSATES, AND RELATED FOSSIL FUELS. 9. "ENTITY" MEANS ANY INDIVIDUAL, TRUSTEE, AGENT, PARTNERSHIP, ASSOCI- ATION, CORPORATION, COMPANY, MUNICIPALITY, POLITICAL SUBDIVISION, OR OTHER LEGAL ORGANIZATION, INCLUDING A FOREIGN NATION, THAT HOLDS OR HELD S. 2129 4 AN OWNERSHIP INTEREST IN A FOSSIL FUEL BUSINESS DURING THE COVERED PERI- OD. 10. "FOSSIL FUEL" SHALL HAVE THE SAME DEFINITION AS IN SECTION 1-103 OF THE ENERGY LAW. 11. "FOSSIL FUEL BUSINESS" MEANS A BUSINESS ENGAGING IN THE EXTRACTION OF FOSSIL FUELS OR THE REFINING OF PETROLEUM PRODUCTS. 12. "FUEL GASES" SHALL HAVE THE SAME DEFINITION AS IN SECTION 1-103 OF THE ENERGY LAW. 13. "FUND" MEANS THE CLIMATE CHANGE ADAPTATION FUND ESTABLISHED PURSU- ANT TO SECTION NINETY-SEVEN-M OF THE STATE FINANCE LAW. 14. "GREENHOUSE GAS" SHALL HAVE THE SAME DEFINITION AS IN SECTION 75-0101 OF THIS CHAPTER. 15. "NATURE-BASED SOLUTIONS" SHALL MEAN PROJECTS THAT UTILIZE OR MIMIC NATURE OR NATURAL PROCESSES AND FUNCTIONS AND THAT MAY ALSO OFFER ENVI- RONMENTAL, ECONOMIC, AND SOCIAL BENEFITS, WHILE INCREASING RESILIENCE. NATURE-BASED SOLUTIONS INCLUDE BOTH GREEN AND NATURAL INFRASTRUCTURE. 16. "NOTICE OF COST RECOVERY DEMAND" MEANS THE WRITTEN COMMUNICATION INFORMING A RESPONSIBLE PARTY OF THE AMOUNT OF THE COST RECOVERY DEMAND PAYABLE TO THE FUND. 17. "PETROLEUM PRODUCTS" SHALL HAVE THE SAME DEFINITION AS IN SECTION 1-103 OF THE ENERGY LAW. 18. "PROGRAM" MEANS THE CLIMATE CHANGE ADAPTATION COST RECOVERY PROGRAM ESTABLISHED UNDER SECTION 76-0103 OF THIS ARTICLE. 19. "QUALIFYING EXPENDITURE" MEANS AN AUTHORIZED PAYMENT FROM THE FUND IN SUPPORT OF A CLIMATE CHANGE ADAPTIVE INFRASTRUCTURE PROJECT, INCLUD- ING ITS OPERATION AND MAINTENANCE, AS DEFINED BY THE DEPARTMENT. 20. "RESPONSIBLE PARTY" MEANS ANY ENTITY (OR A SUCCESSOR IN INTEREST TO SUCH ENTITY DESCRIBED HEREIN), WHICH, DURING ANY PART OF THE COVERED PERIOD, WAS ENGAGED IN THE TRADE OR BUSINESS OF EXTRACTING FOSSIL FUEL OR REFINING CRUDE OIL AND IS DETERMINED BY THE DEPARTMENT TO BE RESPON- SIBLE FOR MORE THAN ONE BILLION TONS OF COVERED GREENHOUSE GAS EMIS- SIONS. THE TERM RESPONSIBLE PARTY SHALL NOT INCLUDE ANY PERSON WHO LACKS SUFFICIENT CONNECTION WITH THE STATE TO SATISFY THE NEXUS REQUIREMENTS OF THE UNITED STATES CONSTITUTION. § 76-0103. THE CLIMATE CHANGE ADAPTATION COST RECOVERY PROGRAM. 1. THERE IS HEREBY ESTABLISHED A CLIMATE CHANGE ADAPTATION COST RECOV- ERY PROGRAM ADMINISTERED BY THE DEPARTMENT. 2. THE PURPOSES OF THE PROGRAM SHALL BE THE FOLLOWING: A. TO SECURE COMPENSATORY PAYMENTS FROM RESPONSIBLE PARTIES BASED ON A STANDARD OF STRICT LIABILITY TO PROVIDE A SOURCE OF REVENUE FOR CLIMATE CHANGE ADAPTIVE INFRASTRUCTURE PROJECTS WITHIN THE STATE. B. TO DETERMINE PROPORTIONAL LIABILITY OF RESPONSIBLE PARTIES PURSUANT TO SUBDIVISION THREE OF THIS SECTION; C. TO IMPOSE COST RECOVERY DEMANDS ON RESPONSIBLE PARTIES AND ISSUE NOTICES OF COST RECOVERY DEMANDS; D. TO ACCEPT AND COLLECT PAYMENT FROM RESPONSIBLE PARTIES; E. TO IDENTIFY CLIMATE CHANGE ADAPTIVE INFRASTRUCTURE PROJECTS; F. TO DISPERSE FUNDS TO CLIMATE CHANGE ADAPTIVE INFRASTRUCTURE PROJECTS; AND G. TO ALLOCATE FUNDS IN SUCH A WAY AS TO ACHIEVE A GOAL THAT AT LEAST FORTY PERCENT OF THE QUALIFIED EXPENDITURES FROM THE PROGRAM, BUT NOT LESS THAN THIRTY-FIVE PERCENT OF SUCH EXPENDITURES, SHALL GO TO CLIMATE CHANGE ADAPTIVE INFRASTRUCTURE PROJECTS THAT BENEFIT DISADVANTAGED COMMUNITIES AS DEFINED IN SECTION 75-0101 OF THIS CHAPTER. 3. A. A RESPONSIBLE PARTY SHALL BE STRICTLY LIABLE, WITHOUT REGARD TO FAULT, FOR A SHARE OF THE COSTS OF CLIMATE CHANGE ADAPTIVE INFRASTRUC- S. 2129 5 TURE PROJECTS, INCLUDING THEIR OPERATION AND MAINTENANCE, SUPPORTED BY THE FUND. B. WITH RESPECT TO EACH RESPONSIBLE PARTY, THE COST RECOVERY DEMAND SHALL BE EQUAL TO AN AMOUNT THAT BEARS THE SAME RATIO TO SEVENTY-FIVE BILLION DOLLARS AS THE RESPONSIBLE PARTY'S APPLICABLE SHARE OF COVERED GREENHOUSE GAS EMISSIONS BEARS TO THE AGGREGATE APPLICABLE SHARES OF COVERED GREENHOUSE GAS EMISSIONS OF ALL RESPONSIBLE PARTIES. C. THE APPLICABLE SHARE OF COVERED GREENHOUSE GAS EMISSIONS TAKEN INTO ACCOUNT UNDER THIS SECTION FOR ANY RESPONSIBLE PARTY SHALL BE THE AMOUNT BY WHICH THE COVERED GREENHOUSE GAS EMISSIONS ATTRIBUTABLE TO SUCH RESPONSIBLE PARTY EXCEEDS ONE BILLION METRIC TONS. D. WHERE AN ENTITY OWNS A MINORITY INTEREST IN ANOTHER ENTITY OF TEN PERCENT OR MORE, THE CALCULATION OF THE ENTITY'S APPLICABLE SHARE OF GREENHOUSE GAS EMISSIONS TAKEN INTO ACCOUNT UNDER THIS SECTION SHALL INCLUDE THE APPLICABLE SHARE OF GREENHOUSE GAS EMISSIONS TAKEN INTO ACCOUNT UNDER THIS SECTION BY THE ENTITY IN WHICH THE RESPONSIBLE PARTY HOLDS A MINORITY INTEREST, MULTIPLIED BY THE PERCENTAGE OF THE MINORITY INTEREST HELD. E. IN DETERMINING THE AMOUNT OF GREENHOUSE GAS EMISSIONS ATTRIBUTABLE TO ANY ENTITY, AN AMOUNT EQUIVALENT TO NINE HUNDRED FORTY-TWO AND ONE- HALF METRIC TONS OF CARBON DIOXIDE EQUIVALENT SHALL BE TREATED AS RELEASED FOR EVERY MILLION POUNDS OF COAL ATTRIBUTABLE TO SUCH ENTITY; AN AMOUNT EQUIVALENT TO FOUR HUNDRED THIRTY-TWO THOUSAND ONE HUNDRED EIGHTY METRIC TONS OF CARBON DIOXIDE EQUIVALENT SHALL BE TREATED AS RELEASED FOR EVERY MILLION BARRELS OF CRUDE OIL ATTRIBUTABLE TO SUCH ENTITY; AND AN AMOUNT EQUIVALENT TO FIFTY-THREE THOUSAND FOUR HUNDRED FORTY METRIC TONS OF CARBON DIOXIDE EQUIVALENT SHALL BE TREATED AS RELEASED FOR EVERY MILLION CUBIC FEET OF FUEL GASES ATTRIBUTABLE TO SUCH ENTITY. F. THE COMMISSIONER MAY ADJUST THE COST RECOVERY DEMAND AMOUNT OF A RESPONSIBLE PARTY REFINING PETROLEUM PRODUCTS (OR WHO IS A SUCCESSOR IN INTEREST TO SUCH AN ENTITY) IF SUCH RESPONSIBLE PARTY ESTABLISHES TO THE SATISFACTION OF THE COMMISSIONER THAT A PORTION OF THE COST RECOVERY DEMAND AMOUNT WAS ATTRIBUTABLE TO THE REFINING OF CRUDE OIL EXTRACTED BY ANOTHER RESPONSIBLE PARTY (OR WHO IS A SUCCESSOR IN INTEREST TO SUCH AN ENTITY) THAT ACCOUNTED FOR SUCH CRUDE OIL IN DETERMINING ITS COST RECOV- ERY DEMAND AMOUNT. G. PAYMENT OF A COST RECOVERY DEMAND SHALL BE MADE IN FULL ON THE APPLICABLE PAYMENT DATE UNLESS A RESPONSIBLE PARTY ELECTS TO PAY IN INSTALLMENTS PURSUANT TO PARAGRAPH H OF THIS SUBDIVISION. H. A RESPONSIBLE PARTY MAY ELECT TO PAY THE COST RECOVERY DEMAND AMOUNT IN TWENTY-FOUR ANNUAL INSTALLMENTS, EIGHT PERCENT OF THE TOTAL DUE IN THE FIRST INSTALLMENT AND FOUR PERCENT OF THE TOTAL DUE IN EACH OF THE FOLLOWING EIGHT INSTALLMENTS. IF AN ELECTION IS MADE UNDER THIS PARAGRAPH, THE FIRST INSTALLMENT SHALL BE PAID ON THE APPLICABLE PAYMENT DATE AND EACH SUBSEQUENT INSTALLMENT SHALL BE PAID ON THE SAME DATE AS THE APPLICABLE PAYMENT DATE IN EACH SUCCEEDING YEAR. I. IF THERE IS ANY ADDITION TO THE ORIGINAL AMOUNT OF THE COST RECOV- ERY DEMAND FOR FAILURE TO TIMELY PAY ANY INSTALLMENT REQUIRED UNDER THIS SUBDIVISION, A LIQUIDATION OR SALE OF SUBSTANTIALLY ALL THE ASSETS OF THE RESPONSIBLE PARTY (INCLUDING IN A PROCEEDING UNDER U.S. CODE: TITLE 11 OR SIMILAR CASE), A CESSATION OF BUSINESS BY THE RESPONSIBLE PARTY, OR ANY SIMILAR CIRCUMSTANCE, THEN THE UNPAID BALANCE OF ALL REMAINING INSTALLMENTS SHALL BE DUE ON THE DATE OF SUCH EVENT (OR IN THE CASE OF A PROCEEDING UNDER U.S. CODE: TITLE 11 OR SIMILAR CASE, ON THE DAY BEFORE THE PETITION IS FILED). THE PRECEDING SENTENCE SHALL NOT APPLY TO THE S. 2129 6 SALE OF SUBSTANTIALLY ALL OF THE ASSETS OF A RESPONSIBLE PARTY TO A BUYER IF SUCH BUYER ENTERS INTO AN AGREEMENT WITH THE DEPARTMENT UNDER WHICH SUCH BUYER IS LIABLE FOR THE REMAINING INSTALLMENTS DUE UNDER THIS SUBDIVISION IN THE SAME MANNER AS IF SUCH BUYER WERE THE RESPONSIBLE PARTY. 4. A. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE, THE DEPARTMENT SHALL PROMULGATE SUCH REGULATIONS AS ARE NECESSARY TO CARRY OUT THIS ARTICLE, INCLUDING BUT NOT LIMITED TO: I. ADOPTING METHODOLOGIES USING THE BEST AVAILABLE SCIENCE TO DETER- MINE RESPONSIBLE PARTIES AND THEIR APPLICABLE SHARE OF COVERED GREEN- HOUSE GAS EMISSIONS CONSISTENT WITH THE PROVISIONS OF THIS ARTICLE; II. REGISTERING ENTITIES THAT ARE RESPONSIBLE PARTIES UNDER THE PROGRAM; III. ISSUING NOTICES OF COST RECOVERY DEMAND TO RESPONSIBLE PARTIES INFORMING THEM OF THE COST RECOVERY DEMAND AMOUNT; HOW AND WHERE COST RECOVERY DEMANDS CAN BE PAID; THE POTENTIAL CONSEQUENCES OF NONPAYMENT AND LATE PAYMENT; AND INFORMATION REGARDING THEIR RIGHTS TO CONTEST AN ASSESSMENT; IV. ACCEPTING PAYMENTS FROM, PURSUING COLLECTION EFFORTS AGAINST, AND NEGOTIATING SETTLEMENTS WITH RESPONSIBLE PARTIES; AND V. ADOPTING PROCEDURES FOR IDENTIFYING AND SELECTING CLIMATE CHANGE ADAPTIVE INFRASTRUCTURE PROJECTS ELIGIBLE TO RECEIVE QUALIFYING EXPENDI- TURES, INCLUDING LEGISLATIVE BUDGET APPROPRIATIONS, ISSUANCE OF REQUESTS FOR PROPOSALS FROM LOCALITIES AND NOT-FOR-PROFIT AND COMMUNITY ORGANIZA- TIONS, GRANTS TO PRIVATE INDIVIDUALS, OR OTHER METHODS AS DETERMINED BY THE DEPARTMENT, AND FOR DISPERSING MONEYS FROM THE FUND FOR QUALIFYING EXPENDITURES. WHEN CONSIDERING PROJECTS INTENDED TO STABILIZE TIDAL SHORELINES, THE DEPARTMENT SHALL ENCOURAGE THE USE OF NATURE-BASED SOLUTIONS. TOTAL QUALIFYING EXPENDITURES SHALL BE ALLOCATED IN SUCH A WAY AS TO ACHIEVE A GOAL THAT AT LEAST FORTY PERCENT OF THE QUALIFIED EXPENDITURES FROM THE PROGRAM, BUT NOT LESS THAN THIRTY-FIVE PERCENT OF SUCH EXPENDITURES, SHALL GO TO CLIMATE CHANGE ADAPTIVE INFRASTRUCTURE PROJECTS THAT BENEFIT DISADVANTAGED COMMUNITIES AS DEFINED IN SECTION 75-0101 OF THIS CHAPTER. B. THE DEPARTMENT SHALL HOLD AT LEAST TWO PUBLIC HEARINGS, ONE IN-PER- SON AND ONE VIRTUAL, ON PROPOSED REGULATIONS, WITH A MINIMUM OF THIRTY DAYS' PUBLIC NOTICE. 5. WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS ARTICLE, THE DEPART- MENT SHALL COMPLETE A STATEWIDE CLIMATE CHANGE ADAPTATION MASTER PLAN FOR THE PURPOSE OF GUIDING THE DISPERSAL OF FUNDS IN A TIMELY, EFFI- CIENT, AND EQUITABLE MANNER TO ALL REGIONS OF THE STATE IN ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER. IN COMPLETING SUCH PLAN, THE DEPARTMENT SHALL: A. COLLABORATE WITH THE DEPARTMENT OF STATE, EMPIRE STATE DEVELOPMENT, THE DEPARTMENT OF AGRICULTURE AND MARKETS, THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE DEPARTMENT OF PUBLIC SERVICE, AND THE NEW YORK INDEPENDENT SYSTEMS OPERATOR; B. ASSESS THE ADAPTATION NEEDS AND VULNERABILITIES OF VARIOUS AREAS VITAL TO THE STATE'S ECONOMY, NORMAL FUNCTIONING, AND THE HEALTH AND WELL-BEING OF NEW YORKERS, INCLUDING BUT NOT LIMITED TO: AGRICULTURE, BIODIVERSITY, ECOSYSTEM SERVICES, EDUCATION, FINANCE, HEALTHCARE, MANU- FACTURING, HOUSING AND REAL ESTATE, RETAIL, TOURISM (INCLUDING STATE AND MUNICIPAL PARKS), TRANSPORTATION, AND MUNICIPAL AND LOCAL GOVERNMENT. C. IDENTIFY MAJOR POTENTIAL, PROPOSED, AND ONGOING CLIMATE CHANGE ADAPTIVE INFRASTRUCTURE PROJECTS THROUGHOUT THE STATE; S. 2129 7 D. IDENTIFY OPPORTUNITIES FOR ALIGNMENT WITH EXISTING FEDERAL, STATE, AND LOCAL FUNDING STREAMS; E. CONSULT WITH STAKEHOLDERS, INCLUDING LOCAL GOVERNMENTS, BUSINESSES, ENVIRONMENTAL ADVOCATES, RELEVANT SUBJECT AREA EXPERTS, AND REPRESEN- TATIVES OF DISADVANTAGED COMMUNITIES; AND F. PROVIDE OPPORTUNITIES FOR PUBLIC ENGAGEMENT IN ALL REGIONS OF THE STATE. 6. THE DEPARTMENT, THE DEPARTMENT OF TAXATION AND FINANCE, AND THE ATTORNEY GENERAL ARE HEREBY AUTHORIZED TO ENFORCE THE PROVISIONS OF THIS ARTICLE. 7. THE DEPARTMENT OR THE DEPARTMENT OF TAXATION AND FINANCE SHALL PROVIDE AN OPPORTUNITY TO BE HEARD TO ANY RESPONSIBLE PARTIES THAT SEEK TO CONTEST A COST RECOVERY DEMAND. DETERMINATIONS MADE IN FAVOR OF A PETITIONER AFTER SUCH HEARING SHALL BE FINAL AND CONCLUSIVE. A DETERMI- NATION IN FAVOR OF THE STATE MAY BE APPEALED UNDER ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES. 8. MONEYS RECEIVED FROM COST RECOVERY DEMANDS SHALL BE DEPOSITED IN THE CLIMATE CHANGE ADAPTATION FUND ESTABLISHED PURSUANT TO SECTION NINE- TY-SEVEN-M OF THE STATE FINANCE LAW. 9. A. PROJECTS FUNDED PURSUANT TO THIS ARTICLE SHALL REQUIRE COMPLI- ANCE WITH PREVAILING WAGE REQUIREMENTS PURSUANT TO SECTION TWO HUNDRED TWENTY OF THE LABOR LAW. B. ANY STATE ENTITY OR MUNICIPALITY RECEIVING AT LEAST TWENTY-FIVE MILLION DOLLARS ($25,000,000) FROM FUNDS ALLOCATED PURSUANT TO THIS ARTICLE FOR A PROJECT COSTING GREATER THAN FIFTY MILLION DOLLARS ($50,000,000) SHALL REQUIRE USE OF APPRENTICESHIP AGREEMENTS AS DEFINED BY ARTICLE TWENTY-THREE OF THE LABOR LAW, WITH PRE-APPRENTICESHIP DIRECT ENTRY PROVIDERS REGISTERED WITH THE DEPARTMENT OF LABOR. C. I. ANY STATE ENTITY OR MUNICIPALITY RECEIVING AT LEAST TWENTY-FIVE MILLION DOLLARS ($25,000,000) FROM FUNDS ALLOCATED PURSUANT TO THIS ARTICLE FOR A PROJECT WHICH INVOLVES THE CONSTRUCTION, RECONSTRUCTION, ALTERATION, MAINTENANCE, MOVING, DEMOLITION, EXCAVATION, DEVELOPMENT OR OTHER IMPROVEMENT OF ANY BUILDING, STRUCTURE OR LAND, SHALL BE SUBJECT TO SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW. II. ANY PRIVATELY OWNED PROJECT RECEIVING FUNDS ALLOCATED PURSUANT TO THIS TITLE WHICH UTILIZES A PROJECT LABOR AGREEMENT ON SUCH PROJECT SHALL NOT BE SUBJECT TO ARTICLE EIGHT OF THE LABOR LAW. D. IF DETERMINED APPLICABLE, A MUNICIPALITY OR STATE ENTITY MAY REQUIRE THAT THE PRIVATE OWNER OF A PROJECT, OR A THIRD PARTY ACTING ON THE OWNER'S BEHALF, ENTER INTO A LABOR PEACE AGREEMENT WITH AT LEAST ONE BONA FIDE LABOR ORGANIZATION EITHER: I. WHERE SUCH BONA FIDE LABOR ORGANIZATION IS ACTIVELY REPRESENTING NON-CONSTRUCTION EMPLOYEES; OR II. UPON NOTICE BY A BONA FIDE LABOR ORGANIZATION THAT IS ATTEMPTING TO REPRESENT NON-CONSTRUCTION EMPLOYEES. FOR PURPOSES OF THIS SECTION "LABOR PEACE AGREEMENT" MEANS AN AGREEMENT BETWEEN AN ENTITY AND LABOR ORGANIZATION THAT, AT A MINIMUM, PROTECTS THE STATE'S PROPRIETARY INTER- ESTS BY PROHIBITING LABOR ORGANIZATIONS AND MEMBERS FROM ENGAGING IN PICKETING, WORK STOPPAGES, BOYCOTTS, AND ANY OTHER ECONOMIC INTERFER- ENCE. E. I. ANY MUNICIPALITY OR STATE ENTITY, OR A THIRD PARTY ACTING ON BEHALF AND FOR THE BENEFIT OF THE MUNICIPALITY OR STATE ENTITY, IN EACH CONTRACT FOR CONSTRUCTION, RECONSTRUCTION, ALTERATION, REPAIR, IMPROVE- MENT OR MAINTENANCE OF A PROJECT RECEIVING FUNDS UNDER THIS ARTICLE THAT IS A PUBLIC WORK, SHALL ENSURE THAT SUCH CONTRACT CONTAINS A PROVISION THAT THE STRUCTURAL IRON AND STRUCTURAL STEEL USED OR SUPPLIED IN THE S. 2129 8 PERFORMANCE OF THE CONTRACT OR ANY SUBCONTRACT THERETO AND THAT IS PERMANENTLY INCORPORATED INTO THE PUBLIC WORK, SHALL BE PRODUCED OR MADE IN WHOLE OR SUBSTANTIAL PART IN THE UNITED STATES, ITS TERRITORIES OR POSSESSIONS. IN THE CASE OF A STRUCTURAL IRON OR STRUCTURAL STEEL PROD- UCT, ALL MANUFACTURING MUST TAKE PLACE IN THE UNITED STATES, FROM THE INITIAL MELTING STAGE THROUGH THE APPLICATION OF COATINGS, EXCEPT METAL- LURGICAL PROCESSES INVOLVING THE REFINEMENT OF STEEL ADDITIVES. FOR THE PURPOSES OF THIS SUBDIVISION, "PERMANENTLY INCORPORATED" SHALL MEAN AN IRON OR STEEL PRODUCT THAT IS REQUIRED TO REMAIN IN PLACE AT THE END OF THE PROJECT CONTRACT, IN A FIXED LOCATION, AFFIXED TO THE PUBLIC WORK TO WHICH IT WAS INCORPORATED. IRON AND STEEL PRODUCTS THAT ARE CAPABLE OF BEING MOVED FROM ONE LOCATION TO ANOTHER ARE NOT PERMANENTLY INCORPO- RATED INTO A PUBLIC WORK. II. THE PROVISIONS OF PARAGRAPH A OF THIS SUBDIVISION SHALL NOT APPLY IF THE HEAD OF THE DEPARTMENT, AGENCY, OR MUNICIPAL ENTITY CONSTRUCTING THE PUBLIC WORK, IN HIS OR HER SOLE DISCRETION, DETERMINES THAT THE PROVISIONS WOULD NOT BE IN THE PUBLIC INTEREST, WOULD RESULT IN UNREA- SONABLE COSTS, OR THAT OBTAINING SUCH STEEL OR IRON IN THE UNITED STATES WOULD INCREASE THE COST OF THE CONTRACT BY AN UNREASONABLE AMOUNT, OR SUCH IRON OR STEEL, INCLUDING WITHOUT LIMITATION STRUCTURAL IRON AND STRUCTURAL STEEL, CANNOT BE PRODUCED OR MADE IN THE UNITED STATES IN SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES AND OF SATISFACTORY QUAL- ITY. 10. A. THE DEPARTMENT SHALL CONDUCT AN INDEPENDENT EVALUATION OF THE CLIMATE CHANGE ADAPTATION COST RECOVERY PROGRAM. THE PURPOSE OF THIS EVALUATION IS TO DETERMINE THE EFFECTIVENESS OF THE PROGRAM IN ACHIEVING ITS PURPOSES AS DEFINED IN SUBDIVISION TWO OF THIS SECTION. B. SUCH EVALUATION SHALL BE PROVIDED TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE JANUARY FIRST OF THE SECOND CALENDAR YEAR FOLLOWING THE YEAR IN WHICH THIS ARTICLE IS ENACTED INTO LAW, AND ANNUALLY ON OR BEFORE SEPTEMBER THIRTIETH THEREAFTER. C. ANY ENTITY CONTRACTED BY THE DEPARTMENT TO CONDUCT SUCH EVALUATION SHALL RECEIVE PROMPT PAYMENT OF ALL MONEYS DUE UPON COMPLETION OF SUCH EVALUATION. § 4. The state finance law is amended by adding a new section 97-m to read as follows: § 97-M. CLIMATE CHANGE ADAPTATION FUND. 1. THERE IS HEREBY ESTABLISHED IN THE CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL REVOLVING FUND TO BE KNOWN AS THE "CLIMATE CHANGE ADAPTATION FUND" FOR THE PURPOSE OF RECEIVING MONEYS THROUGH COST RECOV- ERY DEMANDS AND ISSUING FUNDS FOR QUALIFYING EXPENDITURES PURSUANT TO THE CLIMATE CHANGE ADAPTATION COST RECOVERY PROGRAM ESTABLISHED IN ARTI- CLE SEVENTY-SIX OF THE ENVIRONMENTAL CONSERVATION LAW. 2. NO MONIES SHALL BE EXPENDED FROM THE FUND FOR ANY PROJECT EXCEPT QUALIFYING EXPENDITURES PURSUANT TO THE PROGRAM, INCLUDING THEIR OPERA- TION AND MAINTENANCE, AS WELL AS REASONABLE COSTS INCURRED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR ADMINISTERING THE PROGRAM. 3. REVENUES IN THE FUND SHALL BE KEPT SEPARATE AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF THE COMPTROLLER OR THE COMMISSIONER OF TAXATION AND FINANCE. ALL DEPOSITS OF SUCH REVENUES SHALL, IF REQUIRED BY THE COMPTROLLER, BE SECURED BY OBLIGATIONS OF THE UNITED STATES OR OF THE STATE HAVING A MARKET VALUE EQUAL AT ALL TIMES TO THE AMOUNT OF SUCH DEPOSITS AND ALL BANKS AND TRUST COMPANIES ARE AUTHORIZED TO GIVE SECURITY FOR SUCH DEPOSITS. ANY SUCH REVENUES IN SUCH FUND MAY, UPON THE DISCRETION OF THE COMPTROLLER, BE INVESTED IN OBLI- S. 2129 9 GATIONS IN WHICH THE COMPTROLLER IS AUTHORIZED TO INVEST PURSUANT TO SECTION NINETY-EIGHT-A OF THIS ARTICLE. 4. ALL PAYMENTS OF MONEYS FROM THE FUND SHALL BE MADE ON THE AUDIT AND WARRANT OF THE COMPTROLLER. § 5. Availability of additional remedies. Nothing in this act shall be deemed to preclude the pursuit of a civil action or other remedy by any person. The remedies provided in this act are in addition to those provided by existing statutory or common law. § 6. Severability. If any word, phrase, clause, sentence, paragraph, section, or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the word, phrase, clause, sentence, paragraph, section, or part ther- eof directly involved in the controversy in which such judgment shall have been rendered. § 7. Construction. This act, being necessary for the general health, safety, and welfare of the people of this state, shall be liberally construed to effect its purpose. § 8. This act shall take effect immediately.
Co-Sponsors
Joseph P. Addabbo Jr
(D) 15th Senate District
Samra G. Brouk
(D, WF) 55th Senate District
Cordell Cleare
(D) 30th Senate District
Nathalia Fernandez
(D) 34th Senate District
- view additional co-sponsors
Michael Gianaris
(D, WF) 12th Senate District
Kristen Gonzalez
(D, WF) 59th Senate District
Andrew Gounardes
(D) 26th Senate District
Brad Hoylman-Sigal
(D, WF) 47th Senate District
Robert Jackson
(D, WF) 31st Senate District
Brian Kavanagh
(D) 27th Senate District
John C. Liu
(D) 16th Senate District
Rachel May
(D, WF) 48th Senate District
Zellnor Myrie
(D) 20th Senate District
Kevin S. Parker
(D, WF) 21st Senate District
Jessica Ramos
(D, WF) 13th Senate District
Gustavo Rivera
(D, WF) 33rd Senate District
Julia Salazar
(D, WF) 18th Senate District
James Sanders Jr.
(D) 10th Senate District
Luis R. Sepúlveda
(D) 32nd Senate District
José M. Serrano
(D, WF) 29th Senate District
Toby Ann Stavisky
(D) 11th Senate District
S2129A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A3351
- Current Committee:
- Senate Finance
- Law Section:
- Environmental Conservation Law
- Laws Affected:
- Add Art 76 §§76-0101 - 76-0105, En Con L; add §97-m, St Fin L
- Versions Introduced in 2021-2022 Legislative Session:
-
S9417, A10556
S2129A (ACTIVE) - Summary
Establishes the climate change adaptation cost recovery program to require companies that have contributed significantly to the buildup of climate-warming greenhouse gases in the atmosphere to bear a share of the costs of needed infrastructure investments to adapt to climate change; mandates that projects funded by the program require compliance with prevailing wage requirements; requires that contracts for funded projects contain a provision that the structural iron and structural steel used or supplied in the performance of the contract or any subcontract thereto shall be produced or made in whole or substantial part in the United States, its territories or possessions; makes additional provisions… (view more) and establishes the climate change adaptation fund.
S2129A (ACTIVE) - Sponsor Memo
BILL NUMBER: S2129A SPONSOR: KRUEGER TITLE OF BILL: An act to amend the environmental conservation law, in relation to establishing the climate change adaptation cost recovery program; and to amend the state finance law, in relation to establishing the climate change adaptation fund PURPOSE: The purpose of the bill is to establish the climate change adaptation cost recovery program, which would require companies that have contrib- uted significantly to the buildup of greenhouse gases, the primary cause of climate change, to bear a share of the costs of infrastructure investments required to adapt to the impacts of climate change in New York State. SUMMARY OF PROVISIONS: Section 1: Names the bill the Climate Change Superfund Act. Section 2:
Legislative findings. Section 3: Creates a new article 76 in the environmental conservation law to create the climate change adaptation cost recovery program: § 76-101: Definitions § 76-103: 1. Establishes the climate change adaptation cost recovery program. 2. Outlines the purposes and structure of the program. 3, Details the method for calculating the cost recovery demand amount for each fossil fuel company found to be a responsible party. 4. Requires DEC to promulgate regulations to implement the program, including the identification of responsible parties, the procedures for issuing notices of cost recovery demands and collecting payment on those demands, and procedures for identifying projects that would qualify as climate change adaptive infrastructure projects, as well as a require- ment to. hold at least two public hearings on the proposed regulations. 5. Requires DEC, within two years, to complete a Statewide Climate Change Adaptation Master Plan for the purpose of guiding the dispersal of funds in a timely, efficient, and equitable manner to all regions of the state. 6. Authorizes DEC, the Department of Taxation and Finance, and the attorney general to enforce the provisions of the article. 7. Entitles a fossil fuel company designated as a responsible party an opportunity to contest a proposed action under this statute consistent with due process requirements of the U.S. Constitution. 8. Requires monies received to be deposited in the climate change adap- tation fund. 9. Requires DEC to conduct an independent evaluation of the program. § 76-105: 1. Requires public entities to assess and implement -strategies to increase employment opportunities and improve job quality when imple- menting projects funded through the program. Further requires the gover- nor to publish a report within one hundred and twenty days on steps that will be taken to ensure compliance the department or office or both which are charged with implementation, regulations necessary to ensure prioritization of the statewide goal of creating good jobs and increas- ing employment opportunities, and steps that will be taken with all public entities to implement a system to track compliance, accept reports of non-compliance for enforcement action, and report annually on the adoption of these standards to the legislature beginning one year from the effective date of this section. 2. Defines public entity. 3. Requires projects funded through the program to comply with prevail- ing wage requirements, and adds additional requirements for certain projects, including project labor agreements, labor harmony policies, US manufacturing requirements, apprenticeship agreements, and the preserva- tion of worker rights and benefits and civil service protection and collective bargaining status. 4. Requires applicant, bidders, and responders for contracts for renewa- ble energy projects, energy efficiency projects, and other projects funded by the program, except for construction projects, to submit a New York jobs plan consisting of jobs that would result from being awarded the bid or contract and requires information for nonsupervisory posi- tions. Subcontractors would also beò subject to the plan. Further requires DEC and the Department of Labor to develop a web-based portal to track the plan commitments and compliance. 5. Nothing set forth in this section shall be construed to impede, infringe, or diminish the rights and benefits which accrue to employees through bona fide collective bargaining agreements, or otherwise dimin- ish the integrity of the existing collective bargaining relationship. 6. Nothing set forth in this section shall preclude a public entity from setting additional requirements or standards in addition to those set forth in this article. Section 4: Creates a new section 97-m within the state finance law establishing the climate change adaptation fund in the custody of the comptroller and the commissioner of taxation and finance, to receive monies through cost recovery demands and issue funds for qualifying expenditures of the climate change adaptation cost recovery program. Section 5: Nothing in this act shall preclude the pursuit of civil action or other remedy by any person. Section 6: Severability. Section 7: Liberal construction. Section 8: Effective date. JUSTIFICATION: Climate change, resulting primarily from the combustion of fossil fuels, is an immediate, grave threat to New York's communities, environment, and economy. In addition to mitigating the further buildup of greenhouse gases, the State must take action to adapt to certain consequences of climate change that are irreversible, including rising sea levels, increasing temperatures, extreme weather events, flooding, heat waves, toxic algae blooms and other climate change-driven threats. Maintaining New York's quality of life into the future, particularly for young people, who will experience greater impacts from climate change over their lifetimes, will be one of the State's greatest challenges over the next three decades. Meeting that challenge will require a shared commitment of purpose and huge investments in new or upgraded infras- tructure. New York has previously adopted programs now in place - the inactive hazardous waste disposal site program (also known as the state superfund program) and the oil spill fund - to remediate environmental damage to lands and waters based on the principle that, where possible, the enti- ties responsible for environmental damage should pay for its clean up. No similar program exists yet for the pollution of the atmosphere by greenhouse gas buildup as a result of burning fossil fuels. Based on decades of research it is now possible to determine with great accuracy the share of carbon dioxide released into the atmosphere by specific fossil fuel companies over the last 70 years or more, making it possible to assign liability to and require compensation from companies commensurate with their emission of carbon dioxide into the atmosphere during a given time period. This bill would establish a Climate Change Adaptation Cost Recovery Program that will require companies that have contributed significantly to the buildup of greenhouse gases in the atmosphere to bear a propor- tionate share of the cost of infrastructure investments required to adapt to the impacts of climate change in New York State. The obli- gation to pay under the program is based on fossil fuel companies' historic contribution to the buildup of greenhouse gases. The program operates under a standard of strict liability; companies are required to pay into the fund because the use of their products caused the pollution. No finding of wrongdoing is required. Nonetheless, it is important to recognize that the actions of many of the biggest fossil fuel companies have been unconscionable, closely reflecting the strategy of denial, deflection, and delay perfected by the tobacco industry. In spite of the information provided by their own scientists that the continued burning of fossil fuels would have catastrophic results, these companies hid the truth from the public and actively spread false information that the science of. climate change was uncertain when in fact it was beyond controversy. This breach of the public trust was breathtaking in its scope and consequences, and it continues to this day. For example, while claiming a commitment to renewable energy, Chevron invested only 2%. and ExxonMobil only 1.6% of their total capital investments in low-carbon sources. In 2022, the fossil fuel industry has taken advantage of several over- lapping global crises to earn immense profits (Chevron and ExxonMobil had combined profits for the first quarter of 2022 of over $11.8 billion), charging incredibly high prices while aggressively rejecting any responsibility for the costs of its business activities. While all the profits accrue to the companies, all the costs of climate change are paid by taxpayers. This is a market failure that needs to be addressed through policy change. The Climate Change Adaptation Cost Recovery Program is remedial in nature, seeking compensation for damages resulting from the past actions of polluters. Payments by historical polluters into the Program would be used for new or upgraded infrastructure needs such as coastal wetlands restoration, storm water drainage system upgrades, and energy efficient cooling systems in public and private buildings, including schools and public housing, all of which are necessary to protect the public safety and welfare in the face of the growing impacts of climate change. Disad- vantaged communities would receive at least 35%, with a goal of at least 40%, of the overall benefits of Program spending. LEGISLATIVE HISTORY: 2021-22: A.10556/5.9417 - Environmental Conservation / Environmental Conservation FISCAL IMPACT ON THE STATE: Potential to collect up to $75 billion over 25 years for climate change adaptive infrastructure projects in the state. EFFECTIVE DATE: This act shall take effect immediately.
S2129A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2129--A 2023-2024 Regular Sessions I N S E N A T E January 18, 2023 ___________ Introduced by Sens. KRUEGER, ADDABBO, CLEARE, FERNANDEZ, GIANARIS, GONZALEZ, GOUNARDES, HOYLMAN-SIGAL, JACKSON, KAVANAGH, LIU, MAY, MYRIE, PARKER, RAMOS, RIVERA, SALAZAR, SANDERS, SEPULVEDA, SERRANO, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- 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 environmental conservation law, in relation to establishing the climate change adaptation cost recovery program; and to amend the state finance law, in relation to establishing the climate change adaptation fund THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "climate change superfund act". § 2. Legislative findings. The legislature finds and declares the following: 1. Climate change, resulting primarily from the combustion of fossil fuels, is an immediate, grave threat to the state's communities, envi- ronment, and economy. In addition to mitigating the further buildup of greenhouse gases, the state must take action to adapt to certain conse- quences of climate change that are irreversible, including rising sea levels, increasing temperatures, extreme weather events, flooding, heat waves, toxic algal blooms and other climate-change-driven threats. Maintaining New York's quality of life into the future, particularly for young people, who will experience greater impacts from climate change over their lifetimes, will be one of the state's greatest challenges over the next three decades. Meeting that challenge will require a shared commitment of purpose, huge investments in new or upgraded infrastructure, and new revenue sources to pay for those investments. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02710-08-3
S. 2129--A 2 2. New York has previously adopted programs now in place - the inac- tive hazardous waste disposal site (state superfund) program and the oil spill fund - to remediate environmental damage to lands and waters based on the principle that, where possible, the entities responsible for environmental damage should pay for its cleanup. No similar program exists yet for the pollution of the atmosphere by greenhouse gas buildup as a result of burning fossil fuels. 3. Based on decades of research it is now possible to determine with great accuracy the share of greenhouse gases released into the atmos- phere by specific fossil fuel companies over the last 70 years or more, making it possible to assign liability to and require compensation from companies commensurate with their emissions during a given time period. 4. It is the intent of the legislature to establish a climate change adaptation cost recovery program that will require companies that have contributed significantly to the buildup of climate change-driving greenhouse gases in the atmosphere to bear a proportionate share of the cost of infrastructure investments and other expenses necessary for comprehensive adaptation to the impacts of climate change in New York state. 5. a. The obligation to pay under the program is based on the fossil fuel companies' historic contribution to the buildup of greenhouse gases that is largely responsible for climate change. The program operates under a standard of strict liability; companies are required to pay into the fund because the use of their products caused the pollution. No finding of wrongdoing is required. b. Nonetheless, the legislature recognizes that the actions of many of the biggest fossil fuel companies have been unconscionable, closely reflecting the strategy of denial, deflection, and delay used by the tobacco industry. In spite of the information provided by their own scientists that the continued burning of fossil fuels would have catastrophic results, these companies hid the truth from the public and actively spread false information that the science of climate change was uncertain when in fact it was beyond controversy. This breach of the public trust was breathtaking in its scope and consequences, and it continues to this day. c. Since 2022, the fossil fuel industry has taken advantage of several overlapping global crises to earn immense profits, charging record high prices while aggressively rejecting any responsibility for the costs of its business activities. While all the profits accrue to the companies, all of the costs of climate change are paid by taxpayers and individ- uals. This is a market failure that needs to be addressed through policy change. 6. Payments by historical polluters into the climate change adaptation cost recovery program would be used for new or upgraded infrastructure needs such as coastal wetlands restoration, storm water drainage system upgrades, energy efficient cooling systems in public and private build- ings, including schools and public housing, support for programs addressing climate-driven public health challenges, and responses to extreme weather events, all of which are necessary to protect the public safety and welfare in the face of the growing impacts of climate change. The cost to the state of climate adaptation investments through 2050 will easily exceed $150 billion, far more than the $75 billion being assessed on the fossil fuel industry. At least 35%, with a goal of 40% or more of the overall benefits of program spending would go to climate change adaptive infrastructure projects that directly benefit disadvan- taged communities. S. 2129--A 3 7. This act is not intended to intrude on the authority of the federal government in areas where it has preempted the right of the states to legislate. This act is remedial in nature, seeking compensation for damages resulting from the past actions of polluters. § 3. The environmental conservation law is amended by adding a new article 76 to read as follows: ARTICLE 76 CLIMATE CHANGE ADAPTATION COST RECOVERY PROGRAM SECTION 76-0101. DEFINITIONS. 76-0103. THE CLIMATE CHANGE ADAPTATION COST RECOVERY PROGRAM. 76-0105. LABOR AND JOB STANDARDS AND WORKER PROTECTION. § 76-0101. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "APPLICABLE PAYMENT DATE" MEANS SEPTEMBER THIRTIETH OF THE SECOND CALENDAR YEAR FOLLOWING THE YEAR IN WHICH THIS ARTICLE IS ENACTED INTO LAW. 2. "CLIMATE CHANGE ADAPTIVE INFRASTRUCTURE PROJECT" MEANS AN INFRAS- TRUCTURE PROJECT DESIGNED TO AVOID, MODERATE, REPAIR, OR ADAPT TO NEGA- TIVE IMPACTS CAUSED BY CLIMATE CHANGE, AND TO ASSIST COMMUNITIES, HOUSE- HOLDS, AND BUSINESSES IN PREPARING FOR FUTURE CLIMATE CHANGE-DRIVEN DISRUPTIONS. SUCH PROJECTS INCLUDE BUT ARE NOT LIMITED TO RESTORING COASTAL WETLANDS AND DEVELOPING OTHER NATURE-BASED SOLUTIONS AND COASTAL PROTECTIONS; UPGRADING STORM WATER DRAINAGE SYSTEMS; MAKING DEFENSIVE UPGRADES TO ROADS, BRIDGES, SUBWAYS, AND TRANSIT SYSTEMS; PREPARING FOR AND RECOVERING FROM HURRICANES AND OTHER EXTREME WEATHER EVENTS; UNDER- TAKING PREVENTIVE HEALTH CARE PROGRAMS AND PROVIDING MEDICAL CARE TO TREAT ILLNESS OR INJURY CAUSED BY THE EFFECTS OF CLIMATE CHANGE; RELO- CATING, ELEVATING, OR RETROFITTING SEWAGE TREATMENT PLANTS VULNERABLE TO FLOODING; INSTALLING ENERGY EFFICIENT COOLING SYSTEMS AND OTHER WEATHER- IZATION AND ENERGY EFFICIENCY UPGRADES AND RETROFITS IN PUBLIC AND PRIVATE BUILDINGS, INCLUDING SCHOOLS AND PUBLIC HOUSING; UPGRADING PARTS OF THE ELECTRICAL GRID TO INCREASE STABILITY AND RESILIENCE, INCLUDING SUPPORTING THE CREATION OF SELF-SUFFICIENT CLEAN ENERGY MICROGRIDS; ADDRESSING URBAN HEAT ISLAND EFFECTS THROUGH GREEN SPACES, URBAN FORES- TRY, AND OTHER INTERVENTIONS; AND RESPONDING TO TOXIC ALGAE BLOOMS, LOSS OF AGRICULTURAL TOPSOIL, AND OTHER CLIMATE-DRIVEN ECOSYSTEM THREATS TO FORESTS, FARMS, FISHERIES, AND FOOD SYSTEMS. 3. "COAL" SHALL HAVE THE SAME DEFINITION AS IN SECTION 1-103 OF THE ENERGY LAW. 4. "CONTROLLED GROUP" MEANS TWO OR MORE ENTITIES TREATED AS A SINGLE EMPLOYER UNDER SECTION 52(A) OR (B) OR SECTION 414(M) OR (O) OF THE INTERNAL REVENUE CODE. IN APPLYING SUBSECTIONS (A) AND (B) OF SECTION 52, SECTION 1563 OF THE INTERNAL REVENUE CODE SHALL BE APPLIED WITHOUT REGARD TO SUBSECTION(B)(2)(C). FOR PURPOSES OF THIS ARTICLE, ENTITIES IN A CONTROLLED GROUP ARE TREATED AS A SINGLE ENTITY FOR PURPOSES OF MEET- ING THE DEFINITION OF RESPONSIBLE PARTY AND ARE JOINTLY AND SEVERALLY LIABLE FOR PAYMENT OF ANY COST RECOVERY DEMAND OWED BY ANY ENTITY IN THE CONTROLLED GROUP. 5. "COST RECOVERY DEMAND" MEANS A CHARGE ASSERTED AGAINST A RESPONSI- BLE PARTY FOR COST RECOVERY PAYMENTS UNDER THE PROGRAM FOR PAYMENT TO THE FUND. 6. "COVERED GREENHOUSE GAS EMISSIONS" MEANS, WITH RESPECT TO ANY ENTI- TY, THE TOTAL QUANTITY OF GREENHOUSE GASES RELEASED INTO THE ATMOSPHERE DURING THE COVERED PERIOD, EXPRESSED IN METRIC TONS OF CARBON DIOXIDE EQUIVALENT, AS DEFINED IN SECTION 75-0101 OF THIS CHAPTER, INCLUDING BUT S. 2129--A 4 NOT LIMITED TO RELEASES OF GREENHOUSE GASES RESULTING FROM THE EXTRACTION, STORAGE, PRODUCTION, REFINEMENT, TRANSPORT, MANUFACTURE, DISTRIBUTION, SALE, AND USE OF FOSSIL FUELS OR PETROLEUM PRODUCTS EXTRACTED, PRODUCED, REFINED, OR SOLD BY SUCH ENTITY. 7. "COVERED PERIOD" MEANS THE PERIOD THAT BEGAN JANUARY FIRST, TWO THOUSAND AND ENDED ON DECEMBER THIRTY-FIRST, TWO THOUSAND EIGHTEEN. 8. "CRUDE OIL" MEANS OIL OR PETROLEUM OF ANY KIND AND IN ANY FORM, INCLUDING BITUMEN, OIL SANDS, HEAVY OIL, CONVENTIONAL AND UNCONVENTIONAL OIL, SHALE OIL, NATURAL GAS LIQUIDS, CONDENSATES, AND RELATED FOSSIL FUELS. 9. "ENTITY" MEANS ANY INDIVIDUAL, TRUSTEE, AGENT, PARTNERSHIP, ASSOCI- ATION, CORPORATION, COMPANY, MUNICIPALITY, POLITICAL SUBDIVISION, OR OTHER LEGAL ORGANIZATION, INCLUDING A FOREIGN NATION, THAT HOLDS OR HELD AN OWNERSHIP INTEREST IN A FOSSIL FUEL BUSINESS DURING THE COVERED PERI- OD. 10. "FOSSIL FUEL" SHALL HAVE THE SAME DEFINITION AS IN SECTION 1-103 OF THE ENERGY LAW. 11. "FOSSIL FUEL BUSINESS" MEANS A BUSINESS ENGAGING IN THE EXTRACTION OF FOSSIL FUELS OR THE REFINING OF PETROLEUM PRODUCTS. 12. "FUEL GASES" SHALL HAVE THE SAME DEFINITION AS IN SECTION 1-103 OF THE ENERGY LAW. 13. "FUND" MEANS THE CLIMATE CHANGE ADAPTATION FUND ESTABLISHED PURSU- ANT TO SECTION NINETY-SEVEN-M OF THE STATE FINANCE LAW. 14. "GREENHOUSE GAS" SHALL HAVE THE SAME DEFINITION AS IN SECTION 75-0101 OF THIS CHAPTER. 15. "NATURE-BASED SOLUTIONS" SHALL MEAN PROJECTS THAT UTILIZE OR MIMIC NATURE OR NATURAL PROCESSES AND FUNCTIONS AND THAT MAY ALSO OFFER ENVI- RONMENTAL, ECONOMIC, AND SOCIAL BENEFITS, WHILE INCREASING RESILIENCE. NATURE-BASED SOLUTIONS INCLUDE BOTH GREEN AND NATURAL INFRASTRUCTURE. 16. "NOTICE OF COST RECOVERY DEMAND" MEANS THE WRITTEN COMMUNICATION INFORMING A RESPONSIBLE PARTY OF THE AMOUNT OF THE COST RECOVERY DEMAND PAYABLE TO THE FUND. 17. "PETROLEUM PRODUCTS" SHALL HAVE THE SAME DEFINITION AS IN SECTION 1-103 OF THE ENERGY LAW. 18. "PROGRAM" MEANS THE CLIMATE CHANGE ADAPTATION COST RECOVERY PROGRAM ESTABLISHED UNDER SECTION 76-0103 OF THIS ARTICLE. 19. "QUALIFYING EXPENDITURE" MEANS AN AUTHORIZED PAYMENT FROM THE FUND IN SUPPORT OF A CLIMATE CHANGE ADAPTIVE INFRASTRUCTURE PROJECT, INCLUD- ING ITS OPERATION AND MAINTENANCE, AS DEFINED BY THE DEPARTMENT. 20. "RESPONSIBLE PARTY" MEANS ANY ENTITY (OR A SUCCESSOR IN INTEREST TO SUCH ENTITY DESCRIBED HEREIN), WHICH, DURING ANY PART OF THE COVERED PERIOD, WAS ENGAGED IN THE TRADE OR BUSINESS OF EXTRACTING FOSSIL FUEL OR REFINING CRUDE OIL AND IS DETERMINED BY THE DEPARTMENT TO BE RESPON- SIBLE FOR MORE THAN ONE BILLION TONS OF COVERED GREENHOUSE GAS EMIS- SIONS. THE TERM RESPONSIBLE PARTY SHALL NOT INCLUDE ANY PERSON WHO LACKS SUFFICIENT CONNECTION WITH THE STATE TO SATISFY THE NEXUS REQUIREMENTS OF THE UNITED STATES CONSTITUTION. § 76-0103. THE CLIMATE CHANGE ADAPTATION COST RECOVERY PROGRAM. 1. THERE IS HEREBY ESTABLISHED A CLIMATE CHANGE ADAPTATION COST RECOV- ERY PROGRAM ADMINISTERED BY THE DEPARTMENT. 2. THE PURPOSES OF THE PROGRAM SHALL BE THE FOLLOWING: A. TO SECURE COMPENSATORY PAYMENTS FROM RESPONSIBLE PARTIES BASED ON A STANDARD OF STRICT LIABILITY TO PROVIDE A SOURCE OF REVENUE FOR CLIMATE CHANGE ADAPTIVE INFRASTRUCTURE PROJECTS WITHIN THE STATE. B. TO DETERMINE PROPORTIONAL LIABILITY OF RESPONSIBLE PARTIES PURSUANT TO SUBDIVISION THREE OF THIS SECTION; S. 2129--A 5 C. TO IMPOSE COST RECOVERY DEMANDS ON RESPONSIBLE PARTIES AND ISSUE NOTICES OF COST RECOVERY DEMANDS; D. TO ACCEPT AND COLLECT PAYMENT FROM RESPONSIBLE PARTIES; E. TO IDENTIFY CLIMATE CHANGE ADAPTIVE INFRASTRUCTURE PROJECTS; F. TO DISPERSE FUNDS TO CLIMATE CHANGE ADAPTIVE INFRASTRUCTURE PROJECTS; AND G. TO ALLOCATE FUNDS IN SUCH A WAY AS TO ACHIEVE A GOAL THAT AT LEAST FORTY PERCENT OF THE QUALIFIED EXPENDITURES FROM THE PROGRAM, BUT NOT LESS THAN THIRTY-FIVE PERCENT OF SUCH EXPENDITURES, SHALL GO TO CLIMATE CHANGE ADAPTIVE INFRASTRUCTURE PROJECTS THAT BENEFIT DISADVANTAGED COMMUNITIES AS DEFINED IN SECTION 75-0101 OF THIS CHAPTER. 3. A. A RESPONSIBLE PARTY SHALL BE STRICTLY LIABLE, WITHOUT REGARD TO FAULT, FOR A SHARE OF THE COSTS OF CLIMATE CHANGE ADAPTIVE INFRASTRUC- TURE PROJECTS, INCLUDING THEIR OPERATION AND MAINTENANCE, SUPPORTED BY THE FUND. B. WITH RESPECT TO EACH RESPONSIBLE PARTY, THE COST RECOVERY DEMAND SHALL BE EQUAL TO AN AMOUNT THAT BEARS THE SAME RATIO TO SEVENTY-FIVE BILLION DOLLARS AS THE RESPONSIBLE PARTY'S APPLICABLE SHARE OF COVERED GREENHOUSE GAS EMISSIONS BEARS TO THE AGGREGATE APPLICABLE SHARES OF COVERED GREENHOUSE GAS EMISSIONS OF ALL RESPONSIBLE PARTIES. C. THE APPLICABLE SHARE OF COVERED GREENHOUSE GAS EMISSIONS TAKEN INTO ACCOUNT UNDER THIS SECTION FOR ANY RESPONSIBLE PARTY SHALL BE THE AMOUNT BY WHICH THE COVERED GREENHOUSE GAS EMISSIONS ATTRIBUTABLE TO SUCH RESPONSIBLE PARTY EXCEEDS ONE BILLION METRIC TONS. D. WHERE AN ENTITY OWNS A MINORITY INTEREST IN ANOTHER ENTITY OF TEN PERCENT OR MORE, THE CALCULATION OF THE ENTITY'S APPLICABLE SHARE OF GREENHOUSE GAS EMISSIONS TAKEN INTO ACCOUNT UNDER THIS SECTION SHALL INCLUDE THE APPLICABLE SHARE OF GREENHOUSE GAS EMISSIONS TAKEN INTO ACCOUNT UNDER THIS SECTION BY THE ENTITY IN WHICH THE RESPONSIBLE PARTY HOLDS A MINORITY INTEREST, MULTIPLIED BY THE PERCENTAGE OF THE MINORITY INTEREST HELD. E. IN DETERMINING THE AMOUNT OF GREENHOUSE GAS EMISSIONS ATTRIBUTABLE TO ANY ENTITY, AN AMOUNT EQUIVALENT TO NINE HUNDRED FORTY-TWO AND ONE- HALF METRIC TONS OF CARBON DIOXIDE EQUIVALENT SHALL BE TREATED AS RELEASED FOR EVERY MILLION POUNDS OF COAL ATTRIBUTABLE TO SUCH ENTITY; AN AMOUNT EQUIVALENT TO FOUR HUNDRED THIRTY-TWO THOUSAND ONE HUNDRED EIGHTY METRIC TONS OF CARBON DIOXIDE EQUIVALENT SHALL BE TREATED AS RELEASED FOR EVERY MILLION BARRELS OF CRUDE OIL ATTRIBUTABLE TO SUCH ENTITY; AND AN AMOUNT EQUIVALENT TO FIFTY-THREE THOUSAND FOUR HUNDRED FORTY METRIC TONS OF CARBON DIOXIDE EQUIVALENT SHALL BE TREATED AS RELEASED FOR EVERY MILLION CUBIC FEET OF FUEL GASES ATTRIBUTABLE TO SUCH ENTITY. F. THE COMMISSIONER MAY ADJUST THE COST RECOVERY DEMAND AMOUNT OF A RESPONSIBLE PARTY REFINING PETROLEUM PRODUCTS (OR WHO IS A SUCCESSOR IN INTEREST TO SUCH AN ENTITY) IF SUCH RESPONSIBLE PARTY ESTABLISHES TO THE SATISFACTION OF THE COMMISSIONER THAT A PORTION OF THE COST RECOVERY DEMAND AMOUNT WAS ATTRIBUTABLE TO THE REFINING OF CRUDE OIL EXTRACTED BY ANOTHER RESPONSIBLE PARTY (OR WHO IS A SUCCESSOR IN INTEREST TO SUCH AN ENTITY) THAT ACCOUNTED FOR SUCH CRUDE OIL IN DETERMINING ITS COST RECOV- ERY DEMAND AMOUNT. G. PAYMENT OF A COST RECOVERY DEMAND SHALL BE MADE IN FULL ON THE APPLICABLE PAYMENT DATE UNLESS A RESPONSIBLE PARTY ELECTS TO PAY IN INSTALLMENTS PURSUANT TO PARAGRAPH H OF THIS SUBDIVISION. H. A RESPONSIBLE PARTY MAY ELECT TO PAY THE COST RECOVERY DEMAND AMOUNT IN TWENTY-FOUR ANNUAL INSTALLMENTS, EIGHT PERCENT OF THE TOTAL DUE IN THE FIRST INSTALLMENT AND FOUR PERCENT OF THE TOTAL DUE IN EACH S. 2129--A 6 OF THE FOLLOWING TWENTY-THREE INSTALLMENTS. IF AN ELECTION IS MADE UNDER THIS PARAGRAPH, THE FIRST INSTALLMENT SHALL BE PAID ON THE APPLICABLE PAYMENT DATE AND EACH SUBSEQUENT INSTALLMENT SHALL BE PAID ON THE SAME DATE AS THE APPLICABLE PAYMENT DATE IN EACH SUCCEEDING YEAR. I. IF THERE IS ANY ADDITION TO THE ORIGINAL AMOUNT OF THE COST RECOV- ERY DEMAND FOR FAILURE TO TIMELY PAY ANY INSTALLMENT REQUIRED UNDER THIS SUBDIVISION, A LIQUIDATION OR SALE OF SUBSTANTIALLY ALL THE ASSETS OF THE RESPONSIBLE PARTY (INCLUDING IN A PROCEEDING UNDER U.S. CODE: TITLE 11 OR SIMILAR CASE), A CESSATION OF BUSINESS BY THE RESPONSIBLE PARTY, OR ANY SIMILAR CIRCUMSTANCE, THEN THE UNPAID BALANCE OF ALL REMAINING INSTALLMENTS SHALL BE DUE ON THE DATE OF SUCH EVENT (OR IN THE CASE OF A PROCEEDING UNDER U.S. CODE: TITLE 11 OR SIMILAR CASE, ON THE DAY BEFORE THE PETITION IS FILED). THE PRECEDING SENTENCE SHALL NOT APPLY TO THE SALE OF SUBSTANTIALLY ALL OF THE ASSETS OF A RESPONSIBLE PARTY TO A BUYER IF SUCH BUYER ENTERS INTO AN AGREEMENT WITH THE DEPARTMENT UNDER WHICH SUCH BUYER IS LIABLE FOR THE REMAINING INSTALLMENTS DUE UNDER THIS SUBDIVISION IN THE SAME MANNER AS IF SUCH BUYER WERE THE RESPONSIBLE PARTY. 4. A. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE, THE DEPARTMENT SHALL PROMULGATE SUCH REGULATIONS AS ARE NECESSARY TO CARRY OUT THIS ARTICLE, INCLUDING BUT NOT LIMITED TO: I. ADOPTING METHODOLOGIES USING THE BEST AVAILABLE SCIENCE TO DETER- MINE RESPONSIBLE PARTIES AND THEIR APPLICABLE SHARE OF COVERED GREEN- HOUSE GAS EMISSIONS CONSISTENT WITH THE PROVISIONS OF THIS ARTICLE; II. REGISTERING ENTITIES THAT ARE RESPONSIBLE PARTIES UNDER THE PROGRAM; III. ISSUING NOTICES OF COST RECOVERY DEMAND TO RESPONSIBLE PARTIES INFORMING THEM OF THE COST RECOVERY DEMAND AMOUNT; HOW AND WHERE COST RECOVERY DEMANDS CAN BE PAID; THE POTENTIAL CONSEQUENCES OF NONPAYMENT AND LATE PAYMENT; AND INFORMATION REGARDING THEIR RIGHTS TO CONTEST AN ASSESSMENT; IV. ACCEPTING PAYMENTS FROM, PURSUING COLLECTION EFFORTS AGAINST, AND NEGOTIATING SETTLEMENTS WITH RESPONSIBLE PARTIES; AND V. ADOPTING PROCEDURES FOR IDENTIFYING AND SELECTING CLIMATE CHANGE ADAPTIVE INFRASTRUCTURE PROJECTS ELIGIBLE TO RECEIVE QUALIFYING EXPENDI- TURES, INCLUDING LEGISLATIVE BUDGET APPROPRIATIONS, ISSUANCE OF REQUESTS FOR PROPOSALS FROM LOCALITIES AND NOT-FOR-PROFIT AND COMMUNITY ORGANIZA- TIONS, GRANTS TO PRIVATE INDIVIDUALS, OR OTHER METHODS AS DETERMINED BY THE DEPARTMENT, AND FOR DISPERSING MONEYS FROM THE FUND FOR QUALIFYING EXPENDITURES. WHEN CONSIDERING PROJECTS INTENDED TO STABILIZE TIDAL SHORELINES, THE DEPARTMENT SHALL ENCOURAGE THE USE OF NATURE-BASED SOLUTIONS. TOTAL QUALIFYING EXPENDITURES SHALL BE ALLOCATED IN SUCH A WAY AS TO ACHIEVE A GOAL THAT AT LEAST FORTY PERCENT OF THE QUALIFIED EXPENDITURES FROM THE PROGRAM, BUT NOT LESS THAN THIRTY-FIVE PERCENT OF SUCH EXPENDITURES, SHALL GO TO CLIMATE CHANGE ADAPTIVE INFRASTRUCTURE PROJECTS THAT BENEFIT DISADVANTAGED COMMUNITIES AS DEFINED IN SECTION 75-0101 OF THIS CHAPTER. B. THE DEPARTMENT SHALL HOLD AT LEAST TWO PUBLIC HEARINGS, ONE IN-PER- SON AND ONE VIRTUAL, ON PROPOSED REGULATIONS, WITH A MINIMUM OF THIRTY DAYS' PUBLIC NOTICE IN COMPLIANCE WITH THE PROVISIONS OF ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW. 5. WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS ARTICLE, THE DEPART- MENT SHALL COMPLETE A STATEWIDE CLIMATE CHANGE ADAPTATION MASTER PLAN FOR THE PURPOSE OF GUIDING THE DISPERSAL OF FUNDS IN A TIMELY, EFFI- CIENT, AND EQUITABLE MANNER TO ALL REGIONS OF THE STATE IN ACCORDANCE S. 2129--A 7 WITH THE PROVISIONS OF THIS CHAPTER. IN COMPLETING SUCH PLAN, THE DEPARTMENT SHALL: A. COLLABORATE WITH THE DEPARTMENT OF STATE, EMPIRE STATE DEVELOPMENT, THE DEPARTMENT OF AGRICULTURE AND MARKETS, THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE DEPARTMENT OF PUBLIC SERVICE, AND THE NEW YORK INDEPENDENT SYSTEMS OPERATOR; B. ASSESS THE ADAPTATION NEEDS AND VULNERABILITIES OF VARIOUS AREAS VITAL TO THE STATE'S ECONOMY, NORMAL FUNCTIONING, AND THE HEALTH AND WELL-BEING OF NEW YORKERS, INCLUDING BUT NOT LIMITED TO: AGRICULTURE, BIODIVERSITY, ECOSYSTEM SERVICES, EDUCATION, FINANCE, HEALTHCARE, MANU- FACTURING, HOUSING AND REAL ESTATE, RETAIL, TOURISM (INCLUDING STATE AND MUNICIPAL PARKS), TRANSPORTATION, AND MUNICIPAL AND LOCAL GOVERNMENT. C. IDENTIFY MAJOR POTENTIAL, PROPOSED, AND ONGOING CLIMATE CHANGE ADAPTIVE INFRASTRUCTURE PROJECTS THROUGHOUT THE STATE; D. IDENTIFY OPPORTUNITIES FOR ALIGNMENT WITH EXISTING FEDERAL, STATE, AND LOCAL FUNDING STREAMS; E. CONSULT WITH STAKEHOLDERS, INCLUDING LOCAL GOVERNMENTS, BUSINESSES, ENVIRONMENTAL ADVOCATES, RELEVANT SUBJECT AREA EXPERTS, AND REPRESEN- TATIVES OF DISADVANTAGED COMMUNITIES; AND F. PROVIDE OPPORTUNITIES FOR PUBLIC ENGAGEMENT IN ALL REGIONS OF THE STATE. 6. THE DEPARTMENT, THE DEPARTMENT OF TAXATION AND FINANCE, AND THE ATTORNEY GENERAL ARE HEREBY AUTHORIZED TO ENFORCE THE PROVISIONS OF THIS ARTICLE. 7. THE DEPARTMENT OR THE DEPARTMENT OF TAXATION AND FINANCE SHALL PROVIDE AN OPPORTUNITY TO BE HEARD TO ANY RESPONSIBLE PARTIES THAT SEEK TO CONTEST A COST RECOVERY DEMAND. DETERMINATIONS MADE IN FAVOR OF A PETITIONER AFTER SUCH HEARING SHALL BE FINAL AND CONCLUSIVE. A DETERMI- NATION IN FAVOR OF THE STATE MAY BE APPEALED UNDER ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES. 8. MONEYS RECEIVED FROM COST RECOVERY DEMANDS SHALL BE DEPOSITED IN THE CLIMATE CHANGE ADAPTATION FUND ESTABLISHED PURSUANT TO SECTION NINE- TY-SEVEN-M OF THE STATE FINANCE LAW. 9. A. THE DEPARTMENT SHALL CONDUCT AN INDEPENDENT EVALUATION OF THE CLIMATE CHANGE ADAPTATION COST RECOVERY PROGRAM. THE PURPOSE OF THIS EVALUATION IS TO DETERMINE THE EFFECTIVENESS OF THE PROGRAM IN ACHIEVING ITS PURPOSES AS DEFINED IN SUBDIVISION TWO OF THIS SECTION. B. SUCH EVALUATION SHALL BE PROVIDED TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE JANUARY FIRST OF THE SECOND CALENDAR YEAR FOLLOWING THE YEAR IN WHICH THIS ARTICLE IS ENACTED INTO LAW, AND ANNUALLY ON OR BEFORE SEPTEMBER THIRTIETH THEREAFTER. C. ANY ENTITY CONTRACTED BY THE DEPARTMENT TO CONDUCT SUCH EVALUATION SHALL RECEIVE PROMPT PAYMENT OF ALL MONEYS DUE UPON COMPLETION OF SUCH EVALUATION. § 76-0105. LABOR AND JOB STANDARDS AND WORKER PROTECTION. 1. ALL PUBLIC ENTITIES INVOLVED IN IMPLEMENTING PROJECTS FUNDED THROUGH THE CLIMATE CHANGE ADAPTATION COST RECOVERY PROGRAM SHALL ASSESS AND IMPLEMENT STRATEGIES TO INCREASE EMPLOYMENT OPPORTUNITIES AND IMPROVE JOB QUALITY. WITHIN ONE HUNDRED TWENTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, THE GOVERNOR SHALL PUBLISH A REPORT, ACCESSIBLE ON THE STATE'S WEBSITE, WHICH PROVIDES: A. STEPS THAT WILL BE TAKEN TO ENSURE COMPLIANCE WITH THIS SECTION, INCLUDING THE DEPARTMENT OR OFFICE, OR COMBINATION THEREOF, CHARGED WITH IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION; S. 2129--A 8 B. REGULATIONS NECESSARY TO ENSURE THE PRIORITIZATION OF THE STATEWIDE GOAL OF CREATING GOOD JOBS AND INCREASING EMPLOYMENT OPPORTUNITIES; AND C. STEPS THAT WILL BE TAKEN WITH ALL PUBLIC ENTITIES, INCLUDING LOCAL AND COUNTY LEVEL GOVERNMENTS, TO IMPLEMENT A SYSTEM TO TRACK COMPLIANCE, ACCEPT REPORTS OF NON-COMPLIANCE FOR ENFORCEMENT ACTION, AND REPORT ANNUALLY ON THE ADOPTION OF THESE STANDARDS TO THE LEGISLATURE STARTING ONE YEAR FROM THE EFFECTIVE DATE OF THIS SECTION. 2. FOR PURPOSES OF THIS SECTION, "PUBLIC ENTITY" SHALL INCLUDE THE STATE AND ALL OF ITS POLITICAL SUBDIVISIONS, INCLUDING BUT NOT LIMITED TO COUNTIES, MUNICIPALITIES, AGENCIES, AUTHORITIES, PUBLIC BENEFIT CORPORATIONS, PUBLIC TRUSTS, AND LOCAL DEVELOPMENT CORPORATIONS AS DEFINED IN SUBDIVISION EIGHT OF SECTION EIGHTEEN HUNDRED ONE OF THE PUBLIC AUTHORITIES LAW OR SECTION FOURTEEN HUNDRED ELEVEN OF THE NOT- FOR-PROFIT CORPORATION LAW, A MUNICIPAL CORPORATION AS DEFINED IN SECTION ONE HUNDRED NINETEEN-N OF THE GENERAL MUNICIPAL LAW, AN INDUS- TRIAL DEVELOPMENT AGENCY FORMED PURSUANT TO ARTICLE EIGHTEEN-A OF THE GENERAL MUNICIPAL LAW OR INDUSTRIAL DEVELOPMENT AUTHORITIES FORMED PURSUANT TO ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW, AND ANY STATE, LOCAL OR INTERSTATE OR INTERNATIONAL AUTHORITIES AS DEFINED IN SECTION TWO OF THE PUBLIC AUTHORITIES LAW; AND SHALL INCLUDE ANY TRUST CREATED BY ANY SUCH ENTITIES. 3. IN CONSIDERING AND ISSUING PERMITS, LICENSES, REGULATIONS, CONTRACTS AND OTHER ADMINISTRATIVE APPROVALS AND DECISIONS NECESSARY FOR IMPLEMENTATION OF PROJECTS FUNDED IN WHOLE, OR IN PART, THROUGH THE CLIMATE CHANGE ADAPTATION COST RECOVERY PROGRAM, ALL PUBLIC ENTITIES SHALL APPLY THE FOLLOWING STANDARDS: A. FOR ANY CONSTRUCTION WORK, THE PAYMENT OF NO LESS THAN PREVAILING WAGES FOR ALL EMPLOYEES OF ANY CONTRACTORS AND SUBCONTRACTORS, CONSIST- ENT WITH SECTIONS TWO HUNDRED TWENTY, TWO HUNDRED TWENTY-A, TWO HUNDRED TWENTY-B, TWO HUNDRED TWENTY-I, TWO HUNDRED TWENTY-THREE, AND TWO HUNDRED TWENTY-FOUR-B OF THE LABOR LAW, AND BUILDING SERVICES, CONSIST- ENT WITH ARTICLE NINE OF THE LABOR LAW; WHERE A RECIPIENT OF FINANCIAL ASSISTANCE CONTRACTS BUILDING SERVICE WORK OR OPERATIONS AND MAINTENANCE WORK TO A BUILDING SERVICE CONTRACTOR, THE CONTRACTOR IS HELD TO THE SAME OBLIGATIONS WITH RESPECT TO PREVAILING WAGES AS THE RECIPIENT. THE RECIPIENT MUST INCLUDE TERMS ESTABLISHING THIS OBLIGATION WITHIN ANY CONTRACT SIGNED WITH A CONTRACTOR. B. (I) ANY PUBLIC ENTITY RECEIVING AT LEAST FIVE MILLION DOLLARS FROM FUNDS ALLOCATED PURSUANT TO THE CLIMATE CHANGE ADAPTATION COST RECOVERY PROGRAM FOR A PROJECT WHICH INVOLVES THE CONSTRUCTION, RECONSTRUCTION, ALTERATION, MAINTENANCE, MOVING, DEMOLITION, EXCAVATION, DEVELOPMENT OR OTHER IMPROVEMENT OF ANY BUILDING, STRUCTURE OR LAND, SHALL BE SUBJECT TO SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW. (II) ANY PRIVATELY OWNED PROJECT RECEIVING FUNDS ALLOCATED PURSUANT TO THE CLIMATE CHANGE ADAPTATION COST RECOVERY PROGRAM WHICH UTILIZES A PROJECT LABOR AGREEMENT ON SUCH PROJECT SHALL NOT BE SUBJECT TO ARTICLE EIGHT OF THE LABOR LAW. C. THE INCLUSION OF CONTRACT LANGUAGE REQUIRING CONTRACTORS TO ESTAB- LISH LABOR HARMONY POLICIES. THE PUBLIC ENTITY MAY REQUIRE A PRIVATE OWNER, OR A THIRD PARTY ACTING ON SUCH OWNER'S BEHALF, AS A CONDITION OF RECEIVING FUNDS PURSUANT TO THE CLIMATE CHANGE ADAPTATION COST RECOVERY PROGRAM, TO STIPULATE TO THE PUBLIC ENTITY THAT IT WILL ENTER INTO A LABOR PEACE AGREEMENT WITH AT LEAST ONE BONA FIDE LABOR ORGANIZATION EITHER WHERE SUCH BONA FIDE LABOR ORGANIZATION IS ACTIVELY REPRESENTING EMPLOYEES IN SUCH JOB-TYPE OR, UPON NOTICE, BY A BONA FIDE LABOR ORGAN- IZATION THAT IS ATTEMPTING TO REPRESENT EMPLOYEES IN SUCH JOB-TYPE. FOR S. 2129--A 9 PURPOSES OF THIS SECTION "LABOR PEACE AGREEMENT" MEANS AN AGREEMENT BETWEEN AN ENTITY AND LABOR ORGANIZATION THAT, AT A MINIMUM, PROTECTS THE STATE'S PROPRIETARY INTERESTS BY PROHIBITING LABOR ORGANIZATIONS AND MEMBERS FROM ENGAGING IN WORK STOPPAGES, BOYCOTTS, AND ANY OTHER ECONOM- IC INTERFERENCE WITH THE RELEVANT PROJECT OR PROGRAM. D. (I) THE INCLUSION OF CONTRACT LANGUAGE WITH A PROVISION THAT THE IRON, STEEL, ALUMINUM, GLASS, COPPER, MANUFACTURED PRODUCTS, AND CONSTRUCTION PRODUCTS, INCLUDING WITHOUT LIMITATION, VEHICLES, OMNIBUS- ES, SCHOOL BUSES, TRUCKS, CONSTRUCTION EQUIPMENT, EARTH MOVING EQUIP- MENT, CRANES, DRILLING EQUIPMENT, ROLLING STOCK, TRAIN CONTROL EQUIP- MENT, COMMUNICATION EQUIPMENT, TRACTION POWER EQUIPMENT, ROLLING STOCK PROTOTYPES, ROLLING STOCK FRAMES, ROLLING STOCK CAR SHELLS, BATTERIES, CHARGING EQUIPMENT, FUEL CELLS, FUELING EQUIPMENT, TURBINES, NACELLES, BLADES, ROTORS, GENERATORS, MOTORS, HUBS, CABLE, CONDUIT, CONTROLLERS, TOWERS, PHOTOVOLTAIC CELLS, SOLAR PANELS, METERS, INVERTERS, PIPE, TUBING, FITTINGS, TANKS, FLANGES, VALVES, CONCRETE, REBAR, BRICK, AGGRE- GATE, CONCRETE BLOCK, CEMENT, TIMBER, LUMBER, TILE, AND DRYWALL USED OR SUPPLIED IN THE PERFORMANCE OF THE CONTRACT OR ANY SUBCONTRACT THERETO, SHALL BE PRODUCED OR MADE IN WHOLE OR SUBSTANTIAL PART IN THE UNITED STATES, ITS TERRITORIES OR POSSESSIONS. IN THE CASE OF AN IRON, STEEL, OR ALUMINUM PRODUCT, ALL MANUFACTURING MUST TAKE PLACE IN THE UNITED STATES, FROM THE INITIAL MELTING STAGE THROUGH THE APPLICATION OF COAT- INGS, EXCEPT METALLURGICAL PROCESSES INVOLVING THE REFINEMENT OF STEEL ADDITIVES. (II) THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL NOT APPLY IN ANY CASE OR CATEGORY OF CASES IN WHICH THE HEAD OF THE CONTRACTING PUBLIC ENTITY FINDS THAT: (1) APPLYING SUBPARAGRAPH (I) OF THIS PARAGRAPH WOULD BE INCONSISTENT WITH THE PUBLIC INTEREST; (2) PRODUCTS ARE NOT PRODUCED IN THE UNITED STATES IN SUFFICIENT AND REASON- ABLY AVAILABLE QUANTITIES AND OF A SATISFACTORY QUALITY; OR (3) INCLU- SION OF PRODUCTS PRODUCED IN THE UNITED STATES WILL INCREASE THE COST OF THE OVERALL PROJECT BY MORE THAN TWENTY-FIVE PERCENT. IF THE HEAD OF THE CONTRACTING PUBLIC ENTITY RECEIVES A REQUEST FOR A WAIVER UNDER THIS SUBDIVISION, HE OR SHE SHALL MAKE AVAILABLE TO THE PUBLIC ON AN INFORMAL BASIS A COPY OF THE REQUEST AND INFORMATION AVAILABLE TO HIM OR HER CONCERNING THE REQUEST, AND SHALL ALLOW FOR INFORMAL PUBLIC INPUT ON THE REQUEST FOR AT LEAST FIFTEEN DAYS PRIOR TO MAKING A FINDING BASED ON THE REQUEST. THE HEAD OF THE CONTRACTING PUBLIC ENTITY SHALL MAKE THE REQUEST AND ACCOMPANYING INFORMATION AVAILABLE BY ELECTRONIC MEANS, INCLUDING ON THE OFFICIAL PUBLIC WEBSITE OF THE PUBLIC ENTITY. THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL NOT APPLY FOR PRODUCTS PURCHASED PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE. (III) THE HEAD OF THE CONTRACTING PUBLIC ENTITY MAY, AT HIS OR HER SOLE DISCRETION, PROVIDE FOR A SOLICITATION OF A REQUEST FOR PROPOSAL, INVITATION FOR BID, OR SOLICITATION OF PROPOSAL, OR ANY OTHER METHOD PROVIDED FOR BY LAW OR REGULATION FOR SOLICITING A RESPONSE FROM OFFE- RORS INTENDING TO RESULT IN A CONTRACT PURSUANT TO THIS PARAGRAPH INVOLVING A COMPETITIVE PROCESS IN WHICH THE EVALUATION OF COMPETING BIDS GIVES SIGNIFICANT CONSIDERATION IN THE EVALUATION PROCESS TO THE PROCUREMENT OF EQUIPMENT AND SUPPLIES FROM BUSINESSES LOCATED IN NEW YORK STATE. E. APPRENTICESHIP AND WORKFORCE DEVELOPMENT UTILIZATION: (I) WHEREVER POSSIBLE, CONTRACTORS AND SUBCONTRACTORS SHOULD BE REQUIRED TO PARTIC- IPATE IN APPRENTICESHIP PROGRAMS, REGISTERED IN ACCORDANCE WITH ARTICLE TWENTY-THREE OF THE LABOR LAW, IN THE TRADES IN WHICH THEY ARE PERFORM- ING WORK; (II) FOR INDUSTRIES WITHOUT APPRENTICESHIP PROGRAMS, THE USE S. 2129--A 10 OF WORKFORCE TRAINING, PREFERABLY IN CONJUNCTION WITH A BONA FIDE LABOR ORGANIZATION, SHALL BE REQUIRED; AND (III) ENCOURAGEMENT OF REGISTERED PRE-APPRENTICESHIP DIRECT ENTRY PROGRAMS FOR THE RECRUITMENT OF LOCAL AND/OR DISADVANTAGED WORKERS. F. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ALL RIGHTS OR BENEFITS, INCLUDING TERMS AND CONDITIONS OF EMPLOYMENT, AND PROTECTION OF CIVIL SERVICE AND COLLECTIVE BARGAINING STATUS OF ALL EXISTING PUBLIC EMPLOYEES SHALL BE PRESERVED AND PROTECTED. NOTHING IN THIS SECTION SHALL RESULT IN THE: (I) DISPLACEMENT OF ANY CURRENTLY EMPLOYED WORKER OR LOSS OF POSITION (INCLUDING PARTIAL DISPLACEMENT SUCH AS A REDUCTION IN THE HOURS OF NON-OVERTIME WORK, WAGES, OR EMPLOYMENT BENEFITS) OR RESULT IN THE IMPAIRMENT OF EXISTING COLLECTIVE BARGAINING AGREEMENTS; (II) TRANSFER OF EXISTING DUTIES AND FUNCTIONS RELATED TO MAINTENANCE AND OPERATIONS CURRENTLY PERFORMED BY EXISTING EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY; OR (III) TRANSFER OF FUTURE DUTIES AND FUNCTIONS ORDINARILY PERFORMED BY EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY. 4. A. ANY PUBLIC ENTITY REQUESTING BIDS OR AWARDING CONTRACTS FOR RENEWABLE ENERGY PROJECTS, ENERGY EFFICIENCY PROJECTS, OR OTHER PROJECTS FUNDED BY THE CLIMATE CHANGE ADAPTATION COST RECOVERY PROGRAM, EXCEPT FOR CONSTRUCTION PROJECTS, SHALL REQUIRE ANY APPLICANT, BIDDER, OR RESPONDER TO SUBMIT A NEW YORK JOBS PLAN AS PART OF ITS APPLICATION, BID OR RESPONSE. THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, IN CONSULTA- TION WITH THE DEPARTMENT OF LABOR, SHALL DEVELOP ALL FORMS, PROCEDURES, EVALUATION AND SCORING CRITERIA, AND GUIDANCE, NECESSARY FOR THE IMPLE- MENTATION OF THE NEW YORK JOBS PLAN. TO THE EXTENT FEASIBLE, THE DEPART- MENT OF ENVIRONMENTAL CONSERVATION, IN CONSULTATION WITH THE DEPARTMENT OF LABOR, SHALL CONSIDER THE INPUT AND RECOMMENDATIONS OF RELEVANT PUBLIC ENTITIES ON THE DEVELOPMENT OF THE NEW YORK JOBS PLAN. B. THE NEW YORK JOBS PLAN SHALL REQUIRE APPLICANTS, BIDDERS, AND RESPONDERS TO PROVIDE INFORMATION ON JOBS THAT WOULD RESULT FROM BEING AWARDED THE BID OR CONTRACT FOR SUCH PROJECTS. AT A MINIMUM, THIS SHALL INCLUDE THE FOLLOWING INFORMATION FOR NONSUPERVISORY POSITIONS, BROKEN DOWN BY CLASSIFICATION: (I) THE NUMBER OF FULL-TIME NON-TEMPORARY JOBS RETAINED, AND THE NUMBER TO BE CREATED. (II) THE NUMBER OF POSITIONS CLASSIFIED AS EMPLOYEES, AS DEFINED IN SECTION SEVEN HUNDRED FORTY OF THE LABOR LAW, AND POSITIONS CLASSIFIED AS INDEPENDENT CONTRACTORS. (III) THE NUMBER OF JOBS TO BE SPECIFICALLY RESERVED FOR INDIVIDUALS FACING BARRIERS TO EMPLOYMENT AND THE NUMBER TO BE RESERVED FOR INDIVID- UALS FROM DISADVANTAGED COMMUNITIES. (IV) THE MINIMUM WAGES AND FRINGE BENEFITS AMOUNTS TO BE PAID. (V) THE PROPOSED AMOUNTS FOR WORKER TRAINING AND INFORMATION ABOUT ANY EXISTING APPRENTICESHIP PROGRAM REGISTERED WITH THE DEPARTMENT OR A FEDERALLY RECOGNIZED STATE APPRENTICESHIP AGENCY THAT COMPLIES WITH THE REQUIREMENTS UNDER PARTS 29 AND 30 OF TITLE 29, CODE OF FEDERAL REGU- LATIONS. (VI) IN THE EVENT THAT A FEDERAL AUTHORITY SPECIFICALLY AUTHORIZES USE OF A GEOGRAPHIC PREFERENCE OR WHEN COVERED PUBLIC CONTRACTS ARE FUNDED EXCLUSIVELY THROUGH STATE OR LOCAL FUNDS, THE NEW YORK JOBS PLAN SHALL REQUIRE INFORMATION ON THE NUMBER OF LOCAL JOBS TO BE CREATED. C. AWARDING PUBLIC ENTITIES SHALL REQUIRE THE SAME NEW YORK JOBS PLAN INFORMATION TO BE SUBMITTED FROM ALL KNOWN SUBCONTRACTORS AT THE TIME OF THE SOLICITATION OR BID FOR THE PROJECT IS RELEASED. S. 2129--A 11 D. NEW YORK JOBS PLAN COMMITMENTS SHALL BE INCLUDED IN THE CONTRACT AWARDED BY THE PUBLIC ENTITY OR ITS CONTRACTORS AS A MATERIAL TERM. E. FOR NON-COMPETITIVE PUBLIC CONTRACTS AWARDED UNDER THIS ARTICLE, APPLICANTS, BIDDERS, OR RESPONDERS SHALL CREATE A NEW YORK JOBS PLAN AS SET FORTH IN THIS SECTION. FOR COMPETITIVE PUBLIC CONTRACTS, PUBLIC ENTITIES SHALL AWARD CONTRACTS USING A COMPETITIVE BEST-VALUE BID PROCUREMENT PROCESS. THE APPLICANTS', BIDDERS', OR RESPONDERS' NEW YORK JOBS PLAN SHALL BE SCORED AS A PART OF THE OVERALL APPLICATION FOR THE PUBLIC CONTRACT, AWARDING ADDITIONAL CONSIDERATION TO APPLICANTS, BIDDERS, OR RESPONDERS WHO DO ANY OF THE FOLLOWING: (I) HAVE THE GREATEST BENEFICIAL ECONOMIC IMPACT ON THE STATE AND LOCAL ECONOMIES AS A RESULT OF RECEIVING THE PUBLIC CONTRACT, BASED ON THE PRIORITY CRITERIA OUTLINED IN ITS NEW YORK JOBS PLAN. (II) ENHANCE THE STATE'S COMMITMENT TO ENERGY CONSERVATION, POLLUTION AND GREENHOUSE GAS EMISSIONS REDUCTION, AND TRANSPORTATION EFFICIENCY. (III) RETAIN THE GREATEST NUMBER OF FULL-TIME, NON-TEMPORARY EMPLOYEES COMPENSATED AT A WAGE RATE FOR THE PROJECT JURISDICTION AS ESTABLISHED IN THE LIVING WAGE CALCULATOR PUBLISHED BY THE MASSACHUSETTS INSTITUTE OF TECHNOLOGY, USING THE LIVING WAGE RATE FOR A HOUSEHOLD OF TWO WORKING ADULTS WITH TWO CHILDREN IN THE JURISDICTION OF THE PROJECT. (IV) MAKE CONCRETE COMMITMENTS TO CREATING THE GREATEST NUMBER OF FULL-TIME, NON-TEMPORARY JOBS COMPENSATING EMPLOYEES AT A WAGE RATE AT OR ABOVE THE LIVING WAGE RATE FOR THE PROJECT JURISDICTION AS ESTAB- LISHED IN THE LIVING WAGE CALCULATOR PUBLISHED BY THE MASSACHUSETTS INSTITUTE OF TECHNOLOGY, USING THE LIVING WAGE RATE FOR A HOUSEHOLD OF TWO WORKING ADULTS WITH TWO CHILDREN IN THE JURISDICTION OF THE PROJECT. (V) COMMIT TO AT LEAST NINETY PERCENT OF THE LABOR ON THE CONTRACT BEING PERFORMED BY WORKERS CLASSIFIED AS EMPLOYEES. (VI) OFFER TARGETED TRAINING AND OPPORTUNITIES FOR INDIVIDUALS FACING BARRIERS TO EMPLOYMENT AND WORKERS FROM DISADVANTAGED COMMUNITIES. F. THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF LABOR, SHALL DEVELOP A WEB-BASED PORTAL TO TRACK NEW YORK JOBS PLAN COMMITMENTS AND COMPLIANCE. (I) ALL NEW YORK JOBS PLAN COMMITMENTS AND COMPLIANCE REPORTING SHALL BE VIEWABLE BY THE PUBLIC, THROUGH THE WEB-BASED PORTAL. (II) RECIPIENTS OF PUBLIC CONTRACTS SHALL, ON AN ANNUAL BASIS, BE REQUIRED TO UPLOAD PROGRESS REPORTS ON EACH OF THE COMMITMENTS INCLUDED IN THEIR NEW YORK JOBS PLAN APPLICATION, FOR THE DURATION OF THE COVERED PUBLIC CONTRACT. G. NONCOMPLIANCE WITH NEW YORK JOBS PLAN COMMITMENTS WOULD VIOLATE THE TERMS OF THE PUBLIC CONTRACT. AT A MINIMUM THESE COMMITMENTS WOULD BE ENFORCEABLE THROUGH STANDARD BREACH OF CONTRACT REMEDIES, INCLUDING BUT NOT LIMITED TO, TERMINATION OF THE PUBLIC CONTRACT. 5. NOTHING SET FORTH IN THIS SECTION SHALL BE CONSTRUED TO IMPEDE, INFRINGE, OR DIMINISH THE RIGHTS AND BENEFITS WHICH ACCRUE TO EMPLOYEES THROUGH BONA FIDE COLLECTIVE BARGAINING AGREEMENTS, OR OTHERWISE DIMIN- ISH THE INTEGRITY OF THE EXISTING COLLECTIVE BARGAINING RELATIONSHIP. 6. NOTHING SET FORTH IN THIS SECTION SHALL PRECLUDE A PUBLIC ENTITY FROM SETTING ADDITIONAL REQUIREMENTS OR STANDARDS IN ADDITION TO THOSE SET FORTH IN THIS ARTICLE. § 4. The state finance law is amended by adding a new section 97-m to read as follows: § 97-M. CLIMATE CHANGE ADAPTATION FUND. 1. THERE IS HEREBY ESTABLISHED IN THE CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL REVOLVING FUND TO BE KNOWN AS THE "CLIMATE CHANGE ADAPTATION FUND" FOR THE PURPOSE OF RECEIVING MONEYS THROUGH COST RECOV- S. 2129--A 12 ERY DEMANDS AND ISSUING FUNDS FOR QUALIFYING EXPENDITURES PURSUANT TO THE CLIMATE CHANGE ADAPTATION COST RECOVERY PROGRAM ESTABLISHED IN ARTI- CLE SEVENTY-SIX OF THE ENVIRONMENTAL CONSERVATION LAW. 2. NO MONIES SHALL BE EXPENDED FROM THE FUND FOR ANY PROJECT EXCEPT QUALIFYING EXPENDITURES PURSUANT TO THE PROGRAM, INCLUDING THEIR OPERA- TION AND MAINTENANCE, AS WELL AS REASONABLE COSTS INCURRED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR ADMINISTERING THE PROGRAM. 3. REVENUES IN THE FUND SHALL BE KEPT SEPARATE AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF THE COMPTROLLER OR THE COMMISSIONER OF TAXATION AND FINANCE. ALL DEPOSITS OF SUCH REVENUES SHALL, IF REQUIRED BY THE COMPTROLLER, BE SECURED BY OBLIGATIONS OF THE UNITED STATES OR OF THE STATE HAVING A MARKET VALUE EQUAL AT ALL TIMES TO THE AMOUNT OF SUCH DEPOSITS AND ALL BANKS AND TRUST COMPANIES ARE AUTHORIZED TO GIVE SECURITY FOR SUCH DEPOSITS. ANY SUCH REVENUES IN SUCH FUND MAY, UPON THE DISCRETION OF THE COMPTROLLER, BE INVESTED IN OBLI- GATIONS IN WHICH THE COMPTROLLER IS AUTHORIZED TO INVEST PURSUANT TO SECTION NINETY-EIGHT-A OF THIS ARTICLE. 4. ALL PAYMENTS OF MONEYS FROM THE FUND SHALL BE MADE ON THE AUDIT AND WARRANT OF THE COMPTROLLER. § 5. Availability of additional remedies. Nothing in this act shall be deemed to preclude the pursuit of a civil action or other remedy by any person. The remedies provided in this act are in addition to those provided by existing statutory or common law. § 6. Severability. If any word, phrase, clause, sentence, paragraph, section, or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the word, phrase, clause, sentence, paragraph, section, or part ther- eof directly involved in the controversy in which such judgment shall have been rendered. § 7. Construction. This act, being necessary for the general health, safety, and welfare of the people of this state, shall be liberally construed to effect its purpose. § 8. This act shall take effect immediately.
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.