Senate Bill S2720

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2720
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Commerce, Economic  Devel-
   opment and Small Business
 
 AN  ACT  to amend the state administrative procedure act, in relation to
   requiring  certain  entities  to  evaluate  license  applications  for
   compliance  with  the  goals  set  forth in the New York state climate
   leadership and community protection act
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The state administrative procedure act is amended by adding
 a new section 403 to read as follows:
   §  403.  COMPLIANCE  WITH  THE  NEW  YORK STATE CLIMATE LEADERSHIP AND
 COMMUNITY PROTECTION ACT. 1. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
 CONTRARY, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION,  THE  DEPARTMENT
 OF  PUBLIC  SERVICE, THE NEW YORK POWER AUTHORITY, THE LONG ISLAND POWER
 AUTHORITY, THE OFFICE OF RENEWABLE ENERGY SITING, AND THE NEW YORK STATE
 ENERGY RESEARCH AND DEVELOPMENT  AUTHORITY  SHALL,  BY  PROMULGATION  OF
 REGULATIONS, REQUIRE AN APPLICATION FOR A LICENSE TO INCLUDE INFORMATION
 REGARDING  COMPLIANCE  WITH  THE  GOALS  SET FORTH IN THE NEW YORK STATE
 CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT. SUCH INFORMATION  SHALL
 REQUIRE THAT EACH APPLICANT PROVIDE INFORMATION STATING:
   A.  HOW  THE LICENSE ALIGNS WITH THE NEW YORK STATE CLIMATE LEADERSHIP
 AND COMMUNITY PROTECTION ACT, INCLUDING:
   (I) HOW THE LICENSE ALIGNS WITH THE GREENHOUSE GAS EMISSION LIMITS SET
 FORTH IN SECTION 75-0107 OF THE ENVIRONMENTAL CONSERVATION LAW;
   (II) WHAT ARE THE ESTIMATED GREENHOUSE GAS  EMISSIONS  RESULTING  FROM
 THE LICENSE;
   (III) WHAT ENERGY SOURCE WILL BE USED;
   (IV) WHAT ARE THE SHORT-TERM AND LONG-TERM ENERGY SOURCES THAT WILL BE
 USED  FOR  THE LICENSE AND WHAT ARE THE ANTICIPATED SHORT-TERM AND LONG-
 TERM EFFECTS OF USING SUCH ENERGY SOURCES;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00637-01-3
              

 S. 2720                             2
 
   B. HOW THE LICENSE WILL IMPACT THE GOALS SET FORTH  IN  THE  NEW  YORK
 STATE  CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT, INCLUDING CALCU-
 LATIONS OF ENERGY USAGE, INCORPORATING UPSTREAM IMPACTS  FROM  POINT  OF
 ENERGY USAGE;
   C.  AN ASSESSMENT OF IMPACT ON ENVIRONMENTAL JUSTICE PURSUANT TO ARTI-
 CLE FORTY-EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW; AND
   D. THE NUMBER OF JOBS ESTIMATED TO BE  CREATED  AS  A  RESULT  OF  THE
 LICENSE, IF ANY.
   2.  THIS SECTION SHALL APPLY TO APPLICATIONS FOR THE ISSUANCE, MODIFI-
 CATION OR RENEWAL OF ANY PERMIT, LICENSE, CERTIFICATE, APPROVAL,  REGIS-
 TRATION, CHARTER, OR SIMILAR FORM OF PERMISSION OR AUTHORITY REQUIRED BY
 LAW,  OR BY STATE AGENCY RULES HAVING THE FORCE AND EFFECT OF LAW, WHICH
 IS REQUIRED FOR A BUSINESS  UNDERTAKING,  PROJECT  OR  ACTIVITY  FOR  AN
 APPLICANT,  BUT  SHALL  NOT  INCLUDE  BONDS  OR  OTHER FORMS OF SECURITY
 REQUIRED TO BE SUBMITTED BY  APPLICANTS,  ANY  INDIVIDUAL  LICENSES  FOR
 PRACTICING  A PROFESSION PRESCRIBED IN TITLE EIGHT OF THE EDUCATION LAW,
 FILINGS UNDER THE UNIFORM  COMMERCIAL  CODE,  OR  ROUTINE  LICENSES  AND
 PERMITS  FOR  INDIVIDUAL  PRIVILEGES, INCLUDING LICENSES FOR OPERATING A
 MOTOR VEHICLE.
   § 2. This act shall take effect immediately.