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.
