NY State Senate Bill 2023-S288

Senate Bill S288

2023-2024 Legislative Session

Requires the department of environmental conservation, in coordination with NYSERDA, to submit an annual agency climate expenditure report

download bill text pdf

Current Bill Status Via A1191 - Passed Senate

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 09, 2023	returned to assembly passed senate 3rd reading cal.1792 substituted for s288c
Jun 09, 2023	substituted by a1191b
Jun 08, 2023	ordered to third reading cal.1792 committee discharged and committed to rules
May 25, 2023	print number 288c
May 25, 2023	amend and recommit to finance
May 22, 2023	reported and committed to finance
May 10, 2023	print number 288b
May 10, 2023	amend (t) and recommit to environmental conservation
May 05, 2023	print number 288a
May 05, 2023	amend and recommit to environmental conservation
Jan 04, 2023	referred to environmental conservation

Votes

- Jun 9, 2023 - Floor Vote
  A1191
  
  62
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 9, 2023
      
      aye (62)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      nay (1)
      
      Walczyk
  May 22, 2023 - Environmental Conservation Committee Vote
  S288
  
  10
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: May 22, 2023
      
      aye (10)
      
      Harckham
      
      Hinchey
      
      Kavanagh
      
      Mannion
      
      Martinez
      
      May
      
      Palumbo
      
      Serrano
      
      Skoufis
      
      Stec
      
      excused (1)
      
      Canzoneri-Fitzpatrick

Bill Amendments

Original

C (Active)

2023-S288 - Details

See Assembly Version of this Bill:: A1191
Law Section:: Environmental Conservation Law
Laws Affected:: Add §75-0121, En Con L
Versions Introduced in 2023-2024 Legislative Session:: S288, A1191

2023-S288 - Summary

Requires the department of environmental conservation, in coordination with NYSERDA, to submit an annual agency climate expenditure report containing a comprehensive estimate and summary of funds needed and funds spent to achieve the state climate goals.

2023-S288 - Sponsor Memo

                                 
BILL NUMBER: S288

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
requiring the governor to submit an annual agency climate expenditure
report

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to create a thorough accounting of funds
allocated and spent toward meeting the state's climate goals.

 
SUMMARY OF SPECIFIC PROVISIONS:

A new section 75-0121 of the environmental conservation law (ECL) is
added to provide for an annual agency climate expenditure report. The
report would account for all spending toward the state's efforts, across
agencies and authorities, to meet its stated climate goals, as defined
pursuant to section 75-0107 of the ECL. The report would be submitted by
January 30th of each year and provided to the leaders of each house of

the legislature.

The report would also include an analysis of how the use of funds help
meet requirements for benefitting disadvantaged communities, pursuant to
75-0111 of the ECL.

 
JUSTIFICATION:

The implementation of the ambitious clean energy mandates set forth in
the Climate and Community Protection Act (the Climate Law), Ch. 106 of
the Laws of 2019, will require massive expenditures over the coming
decades across several agencies and state authorities. The Climate Law
did not, however, establish an accounting or summary of funds to be
used, especially as relates to the benefits to disadvantaged communi-
ties. A comprehensive estimate and summary of spending toward achieving
the state's climate goals is essential for not only budgeting purposes
but also for the public to be fully aware of the expenditures.

 
LEGISLATIVE HISTORY:

2022: S.8725 (MAY) REF TO ENCON/ Al 0044A (Epstein) Ref to Encon

 
FISCAL IMPLICATIONS:

Minimal

 
EFFECTIVE DATE:
Immediately

2023-S288 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    288
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen.  MAY  --  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
   requiring  the governor to submit an annual agency climate expenditure
   report

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The environmental conservation law is amended by adding a
 new section 75-0121 to read as follows:
 § 75-0121. AGENCY CLIMATE EXPENDITURE REPORTING.
   1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "AGENCY"  MEANS  ANY DEPARTMENT, BOARD, BUREAU, COMMISSION, DIVI-
 SION, OFFICE, OR COMMITTEE OF THE STATE, OR STATE AUTHORITY.
   (B) "STATE AUTHORITY" SHALL MEAN A PUBLIC AUTHORITY OR PUBLIC  BENEFIT
 CORPORATION  CREATED BY OR EXISTING UNDER THE PUBLIC AUTHORITIES LAW, OR
 ANY OTHER LAW OF THE STATE OF NEW YORK, WITH ONE OR MORE OF ITS  MEMBERS
 APPOINTED BY THE GOVERNOR OR WHO SERVE AS MEMBERS BY VIRTUE OF HOLDING A
 CIVIL  OFFICE  OF  THE  STATE, OTHER THAN AN INTERSTATE OR INTERNATIONAL
 AUTHORITY OR PUBLIC BENEFIT CORPORATION, INCLUDING SUBSIDIARIES OF  SUCH
 PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION.
   (C) "STATE CLIMATE GOALS" MEANS THE STATEWIDE GREENHOUSE GAS EMISSIONS
 LIMITS  ESTABLISHED  PURSUANT TO SECTION 75-0107 OF THIS ARTICLE AND ANY
 RULES OR REGULATIONS PROMULGATED THERETO, AND  ANY  STATE  MEASURES  AND
 ACTIONS  CONTAINED  IN  THE SCOPING PLAN CREATED PURSUANT TO SUBDIVISION
 THIRTEEN OF SECTION 75-0103 OF THIS ARTICLE.
   2. ANNUAL AGENCY CLIMATE EXPENDITURE REPORT. IN ADDITION TO THE INFOR-
 MATION REQUIRED BY ARTICLE VII OF THE CONSTITUTION, THE  GOVERNOR  SHALL
 SUBMIT  TO  THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE
 ASSEMBLY, AS EARLY AS PRACTICABLE, BUT NO LATER THAN  JANUARY  THIRTIETH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00524-01-3
 S. 288                              2
 
 OF  EACH  YEAR, AN ANNUAL AGENCY CLIMATE EXPENDITURE REPORT. SUCH REPORT
 SHALL CONTAIN A COMPREHENSIVE  ESTIMATE  AND  SUMMARY  OF  SPENDING,  TO
 ACHIEVE  THE  STATE CLIMATE GOALS FOR EACH INDIVIDUAL AGENCY AND FOR THE
 STATE  AS  A WHOLE, BROKEN DOWN FOR EACH INDIVIDUAL CLIMATE GOAL INCLUD-
 ING:
   (A) A BREAKDOWN OF FUNDS ALLOCATED IN THE PRIOR FISCAL YEAR;
   (B) AMOUNTS OF FUNDS ACTUALLY SPENT IN THE PRIOR FISCAL YEAR;
   (C) FUNDS NEEDED FOR THE UPCOMING FISCAL YEAR; AND
   (D) AN ANALYSIS OF HOW THE USE OF  SUCH  FUNDS  UNDER  PARAGRAPHS  (A)
 THROUGH  (C)  OF  THIS  SUBDIVISION  HAVE  MET  OR ARE PROJECTED TO MEET
 REQUIREMENTS FOR  BENEFITING  DISADVANTAGED  COMMUNITIES  UNDER  SECTION
 75-0111  OF THIS ARTICLE, AND UNDER THE CRITERIA ESTABLISHED PURSUANT TO
 SUCH SECTION.
   3. ACHIEVEMENT OF STATE CLIMATE GOALS. UPON  A  DETERMINATION  BY  THE
 COUNCIL  THAT  ANY  SPECIFIC STATE CLIMATE GOAL HAS BEEN MET, SUCH STATE
 CLIMATE GOAL SHALL NO LONGER BE REQUIRED TO BE INCLUDED IN FUTURE ANNUAL
 AGENCY CLIMATE EXPENDITURE REPORTS SUBMITTED PURSUANT TO SUBDIVISION TWO
 OF THIS SECTION.
   § 2. This act shall take effect immediately.

2023-S288A - Details

See Assembly Version of this Bill:: A1191
Law Section:: Environmental Conservation Law
Laws Affected:: Add §75-0121, En Con L
Versions Introduced in 2023-2024 Legislative Session:: S288, A1191

2023-S288A - Summary

2023-S288A - Sponsor Memo

                                 
BILL NUMBER: S288A

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
requiring the governor to submit an annual agency climate expenditure
report

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to create a thorough accounting of funds
allocated and spent toward meeting the state's climate goals.

 
SUMMARY OF SPECIFIC PROVISIONS:

A new section 75-0121 of the environmental conservation law (ECL) is
added to provide for an annual agency climate expenditure report. The
report would account for all spending toward the state's efforts, across
agencies and authorities, to meet its stated climate goals, as defined
pursuant to section 75-0107 of the ECL. The report would be submitted by
January 30th of each year and provided to the leaders of each house of

the legislature.

The report would also include an analysis of how the use of funds help
meet requirements for benefitting disadvantaged communities, pursuant to
75-0111 of the ECL.

**amendments to this bill are technical and include a change to the
effective date.

 
JUSTIFICATION:

The implementation of the ambitious clean energy mandates set forth in
the Climate and Community Protection Act (the Climate Law), Ch. 106 of
the Laws of 2019, will require massive expenditures over the coming
decades across several agencies and state authorities. The Climate Law
did not, however, establish an accounting or summary of funds to be
used, especially as relates to the benefits to disadvantaged communi-
ties. A comprehensive estimate and summary of spending toward achieving
the state's climate goals is essential for not only budgeting purposes
but also for the public to be fully aware of the expenditures.

 
LEGISLATIVE HISTORY:

2022: S.8725 (MAY) REF TO ENCON/ A10044A (Epstein) Ref to Encon

 
FISCAL IMPLICATIONS:

Minimal

 
EFFECTIVE DATE:
Februrary 1st following one year after enactment

2023-S288A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  288--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee

 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   requiring the governor to submit an annual agency climate  expenditure
   report
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The environmental conservation law is amended by  adding  a
 new section 75-0121 to read as follows:
 § 75-0121. AGENCY CLIMATE EXPENDITURE REPORTING.
   1.  DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "AGENCY" MEANS ANY DEPARTMENT, BOARD,  BUREAU,  COMMISSION,  DIVI-
 SION, OFFICE, OR COMMITTEE OF THE STATE, OR STATE AUTHORITY.
   (B)  "STATE AUTHORITY" SHALL MEAN A PUBLIC AUTHORITY OR PUBLIC BENEFIT
 CORPORATION CREATED BY OR EXISTING UNDER THE PUBLIC AUTHORITIES LAW,  OR
 ANY  OTHER LAW OF THE STATE OF NEW YORK, WITH ONE OR MORE OF ITS MEMBERS
 APPOINTED BY THE GOVERNOR OR WHO SERVE AS MEMBERS BY VIRTUE OF HOLDING A
 CIVIL OFFICE OF THE STATE, OTHER THAN  AN  INTERSTATE  OR  INTERNATIONAL
 AUTHORITY  OR PUBLIC BENEFIT CORPORATION, INCLUDING SUBSIDIARIES OF SUCH
 PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION.
   (C) "STATE CLIMATE GOALS" MEANS THE  GOALS  AND  REQUIREMENTS  AS  SET
 FORTH  IN  CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN,
 AS AMENDED.
   2. ANNUAL AGENCY CLIMATE EXPENDITURE REPORT.  THE DEPARTMENT, IN COOR-
 DINATION WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHOR-
 ITY SHALL SUBMIT TO THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAK-
 ER OF THE ASSEMBLY, AS EARLY AS PRACTICABLE, BUT NO LATER  THAN  JANUARY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00524-02-3
 S. 288--A                           2
 
 THIRTIETH  OF  EACH  YEAR,  AN ANNUAL AGENCY CLIMATE EXPENDITURE REPORT.
 SUCH REPORT SHALL CONTAIN A COMPREHENSIVE ESTIMATE AND SUMMARY OF SPEND-
 ING, TO ACHIEVE THE STATE CLIMATE GOALS FOR EACH INDIVIDUAL  AGENCY  AND
 FOR  THE  STATE AS A WHOLE, BROKEN DOWN FOR EACH INDIVIDUAL CLIMATE GOAL
 INCLUDING:
   (A) AMOUNTS OF FUNDS SPENT IN THE PRIOR FISCAL YEAR;
   (B) FUNDS NEEDED FOR THE UPCOMING FISCAL YEAR; AND
   (C) AN ANALYSIS OF HOW THE USE OF SUCH FUNDS UNDER PARAGRAPHS (A)  AND
 (B)  OF  THIS SUBDIVISION HAVE MET OR ARE PROJECTED TO MEET REQUIREMENTS
 FOR BENEFITING DISADVANTAGED COMMUNITIES UNDER SECTION 75-0111  OF  THIS
 ARTICLE, AND UNDER THE CRITERIA ESTABLISHED PURSUANT TO SUCH SECTION.
   3.  ACHIEVEMENT  OF  STATE  CLIMATE GOALS. UPON A DETERMINATION BY THE
 COUNCIL THAT ANY SPECIFIC  STATE  CLIMATE  GOAL  SET  FORTH  IN  SECTION
 75-0107  OF  THIS  ARTICLE, THE TARGETS AS DEFINED IN SUBDIVISION TWO OF
 SECTION SIXTY-SIX-P OF  THE  PUBLIC  SERVICE  LAW,  OR  THE  PROCUREMENT
 REQUIREMENTS  OF  SUBDIVISION  FIVE OF SECTION SIXTY-SIX-P OF THE PUBLIC
 SERVICE LAW HAVE BEEN MET, SUCH INFORMATION SHALL NO LONGER BE  REQUIRED
 TO  BE  INCLUDED  IN  FUTURE  ANNUAL  AGENCY CLIMATE EXPENDITURE REPORTS
 SUBMITTED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   § 2. This act shall take effect on the first of February following one
 year after which it shall have become a law.

2023-S288B - Details

See Assembly Version of this Bill:: A1191
Law Section:: Environmental Conservation Law
Laws Affected:: Add §75-0121, En Con L
Versions Introduced in 2023-2024 Legislative Session:: S288, A1191

2023-S288B - Summary

2023-S288B - Sponsor Memo

                                 
BILL NUMBER: S288B

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
requiring the department of environmental conservation, in coordination
with the New York state energy research and development authority, to
submit an annual agency climate expenditure report

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to create a thorough accounting of funds
allocated and spent toward meeting the state's climate goals.

 
SUMMARY OF SPECIFIC PROVISIONS:

A new section 75-0121 of the environmental conservation law (ECL) is
added to provide for an annual agency climate expenditure report. The
report would account for all spending toward the state's efforts, across
agencies and authorities, to meet its stated climate goals, as defined
pursuant to section 75-0107 of the ECL. The report would be submitted by

January 30th of each year and provided to the leaders of each house of
the legislature. The report would also include an analysis of how the
use of funds help meet requirements for benefitting disadvantaged commu-
nities, pursuant to 75-0111 of the ECL.

**Amendments to this bill require that the report be produced by DEC and
NYSERDA instead of the Executive and also include a change to the effec-
tive date.

 
JUSTIFICATION:

The implementation of the ambitious clean energy mandates set forth in
the Climate and Community Protection Act (the Climate Law), Ch. 106 of
the Laws of 2019, will require massive expenditures over the coming
decades across several agencies and state authorities. The Climate Law
did not, however, establish an accounting or summary of funds to be
used, especially as relates to the benefits to disadvantaged communi-
ties. A comprehensive estimate and summary of spending toward achieving
the state's climate goals is essential for not only budgeting purposes
but also for the public to be fully aware of the expenditures.

 
LEGISLATIVE HISTORY:

2022: S.8725 (MAY) REF TO ENCON/ A10044A (Epstein) Ref to Encon

 
FISCAL IMPLICATIONS:

Minimal

 
EFFECTIVE DATE:
Februrary 1st following one year after enactment

2023-S288B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  288--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and  recommitted  to  said  committee  --  committee  discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   requiring the department of  environmental  conservation,  in  coordi-
   nation with the New York state energy research and development author-
   ity, to submit an annual agency climate expenditure report
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The environmental conservation law is amended by  adding  a
 new section 75-0121 to read as follows:
 § 75-0121. AGENCY CLIMATE EXPENDITURE REPORTING.
   1.  DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "AGENCY" MEANS ANY DEPARTMENT, BOARD,  BUREAU,  COMMISSION,  DIVI-
 SION, OFFICE, OR COMMITTEE OF THE STATE, OR STATE AUTHORITY.
   (B)  "STATE AUTHORITY" SHALL MEAN A PUBLIC AUTHORITY OR PUBLIC BENEFIT
 CORPORATION CREATED BY OR EXISTING UNDER THE PUBLIC AUTHORITIES LAW,  OR
 ANY  OTHER LAW OF THE STATE OF NEW YORK, WITH ONE OR MORE OF ITS MEMBERS
 APPOINTED BY THE GOVERNOR OR WHO SERVE AS MEMBERS BY VIRTUE OF HOLDING A
 CIVIL OFFICE OF THE STATE, OTHER THAN  AN  INTERSTATE  OR  INTERNATIONAL
 AUTHORITY  OR PUBLIC BENEFIT CORPORATION, INCLUDING SUBSIDIARIES OF SUCH
 PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION.
   (C) "STATE CLIMATE GOALS" MEANS THE  GOALS  AND  REQUIREMENTS  AS  SET
 FORTH IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN.
   2. ANNUAL AGENCY CLIMATE EXPENDITURE REPORT.  THE DEPARTMENT, IN COOR-
 DINATION WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHOR-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00524-04-3
 S. 288--B                           2
 
 ITY SHALL SUBMIT TO THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAK-
 ER  OF  THE ASSEMBLY, AS EARLY AS PRACTICABLE, BUT NO LATER THAN JANUARY
 THIRTIETH OF EACH YEAR, AN ANNUAL  AGENCY  CLIMATE  EXPENDITURE  REPORT.
 SUCH REPORT SHALL CONTAIN A COMPREHENSIVE ESTIMATE AND SUMMARY OF SPEND-
 ING,  TO  ACHIEVE THE STATE CLIMATE GOALS FOR EACH INDIVIDUAL AGENCY AND
 FOR THE STATE AS A WHOLE, BROKEN DOWN FOR EACH INDIVIDUAL  CLIMATE  GOAL
 INCLUDING:
   (A) AMOUNTS OF FUNDS SPENT IN THE PRIOR FISCAL YEAR;
   (B) FUNDS NEEDED FOR THE UPCOMING FISCAL YEAR; AND
   (C)  AN ANALYSIS OF HOW THE USE OF SUCH FUNDS UNDER PARAGRAPHS (A) AND
 (B) OF THIS SUBDIVISION HAVE MET OR ARE PROJECTED TO  MEET  REQUIREMENTS
 FOR  BENEFITING  DISADVANTAGED COMMUNITIES UNDER SECTION 75-0111 OF THIS
 ARTICLE, AND UNDER THE CRITERIA ESTABLISHED PURSUANT TO SUCH SECTION.
   3. ACHIEVEMENT OF STATE CLIMATE GOALS. UPON  A  DETERMINATION  BY  THE
 COUNCIL  THAT  ANY  SPECIFIC  STATE  CLIMATE  GOAL  SET FORTH IN SECTION
 75-0107 OF THIS ARTICLE, THE TARGETS AS DEFINED IN  SUBDIVISION  TWO  OF
 SECTION  SIXTY-SIX-P  OF  THE  PUBLIC  SERVICE  LAW,  OR THE PROCUREMENT
 REQUIREMENTS OF SUBDIVISION FIVE OF SECTION SIXTY-SIX-P  OF  THE  PUBLIC
 SERVICE  LAW HAVE BEEN MET, SUCH INFORMATION SHALL NO LONGER BE REQUIRED
 TO BE INCLUDED IN  FUTURE  ANNUAL  AGENCY  CLIMATE  EXPENDITURE  REPORTS
 SUBMITTED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   § 2. This act shall take effect on the first of February following one
 year after which it shall have become a law.

2023-S288C (ACTIVE) - Details

See Assembly Version of this Bill:: A1191
Law Section:: Environmental Conservation Law
Laws Affected:: Add §75-0121, En Con L
Versions Introduced in 2023-2024 Legislative Session:: S288, A1191

2023-S288C (ACTIVE) - Summary

2023-S288C (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S288C

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
requiring the department of environmental conservation, in coordination
with the New York state energy research and development authority, to
submit an annual agency climate expenditure report

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to create a thorough accounting of funds
allocated and spent toward meeting the state's climate goals.

 
SUMMARY OF SPECIFIC PROVISIONS:

A new section 75-0121 of the environmental conservation law (ECL) is
added to provide for an annual agency climate expenditure report. The
report would account for all spending toward the state's efforts, across
agencies and authorities, to meet its stated climate goals, as defined
pursuant to section 75-0107 of the ECL. The report would be submitted by

January 30th of each year and provided to the leaders of each house of
the legislature. The report would also include an analysis of how the
use of funds help meet requirements for benefitting disadvantaged commu-
nities, pursuant to 75-0111 of the ECL.

***Amendments to this version of the bill add the Senate Minority leader
and Assembly Minority leader to the recipients of the report.

**Previous amendments required that the report be produced by DEC and
NYSERDA instead of the Executive and also include a change to the effec-
tive date.

 
JUSTIFICATION:

The implementation of the ambitious clean energy mandates set forth in
the Climate and Community Protection Act (the Climate Law), Ch. 106 of
the Laws of 2019, will require massive expenditures over the coming
decades across several agencies and state authorities. The Climate Law
did not, however, establish an accounting or summary of funds to be
used, especially as relates to the benefits to disadvantaged communi-
ties. A comprehensive estimate and summary of spending toward achieving
the state's climate goals is essential for not only budgeting purposes
but also for the public to be fully aware of the expenditures.

 
LEGISLATIVE HISTORY:

2022: S.8725 (MAY) REF TO ENCON/ A10044A (Epstein) Ref to Encon

 
FISCAL IMPLICATIONS:

Minimal

 
EFFECTIVE DATE:
Februrary 1St following one year after enactment

2023-S288C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  288--C
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and  recommitted  to  said  committee  --  committee  discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  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
   requiring the department of  environmental  conservation,  in  coordi-
   nation with the New York state energy research and development author-
   ity, to submit an annual agency climate expenditure report
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The environmental conservation law is amended by  adding  a
 new section 75-0121 to read as follows:
 § 75-0121. AGENCY CLIMATE EXPENDITURE REPORTING.
   1.  DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "AGENCY" MEANS ANY DEPARTMENT, BOARD,  BUREAU,  COMMISSION,  DIVI-
 SION, OFFICE, OR COMMITTEE OF THE STATE, OR STATE AUTHORITY.
   (B)  "STATE AUTHORITY" SHALL MEAN A PUBLIC AUTHORITY OR PUBLIC BENEFIT
 CORPORATION CREATED BY OR EXISTING UNDER THE PUBLIC AUTHORITIES LAW,  OR
 ANY  OTHER LAW OF THE STATE OF NEW YORK, WITH ONE OR MORE OF ITS MEMBERS
 APPOINTED BY THE GOVERNOR OR WHO SERVE AS MEMBERS BY VIRTUE OF HOLDING A
 CIVIL OFFICE OF THE STATE, OTHER THAN  AN  INTERSTATE  OR  INTERNATIONAL
 AUTHORITY  OR PUBLIC BENEFIT CORPORATION, INCLUDING SUBSIDIARIES OF SUCH
 PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION.
   (C) "STATE CLIMATE GOALS" MEANS THE  GOALS  AND  REQUIREMENTS  AS  SET
 FORTH IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00524-07-3
 S. 288--C                           2
 
   2. ANNUAL AGENCY CLIMATE EXPENDITURE REPORT.  THE DEPARTMENT, IN COOR-
 DINATION WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHOR-
 ITY  SHALL  SUBMIT TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER
 OF THE ASSEMBLY, THE MINORITY LEADER OF THE  SENATE,  AND  THE  MINORITY
 LEADER OF THE ASSEMBLY, AS EARLY AS PRACTICABLE, BUT NO LATER THAN JANU-
 ARY THIRTIETH OF EACH YEAR, AN ANNUAL AGENCY CLIMATE EXPENDITURE REPORT.
 SUCH REPORT SHALL CONTAIN A COMPREHENSIVE ESTIMATE AND SUMMARY OF SPEND-
 ING,  TO  ACHIEVE THE STATE CLIMATE GOALS FOR EACH INDIVIDUAL AGENCY AND
 FOR THE STATE AS A WHOLE, BROKEN DOWN FOR EACH INDIVIDUAL  CLIMATE  GOAL
 INCLUDING:
   (A) AMOUNTS OF FUNDS SPENT IN THE PRIOR FISCAL YEAR;
   (B) FUNDS NEEDED FOR THE UPCOMING FISCAL YEAR; AND
   (C)  AN ANALYSIS OF HOW THE USE OF SUCH FUNDS UNDER PARAGRAPHS (A) AND
 (B) OF THIS SUBDIVISION HAVE MET OR ARE PROJECTED TO  MEET  REQUIREMENTS
 FOR  BENEFITING  DISADVANTAGED COMMUNITIES UNDER SECTION 75-0111 OF THIS
 ARTICLE, AND UNDER THE CRITERIA ESTABLISHED PURSUANT TO SUCH SECTION.
   3. ACHIEVEMENT OF STATE CLIMATE GOALS. UPON  A  DETERMINATION  BY  THE
 COUNCIL  THAT  ANY  SPECIFIC  STATE  CLIMATE  GOAL  SET FORTH IN SECTION
 75-0107 OF THIS ARTICLE, THE TARGETS AS DEFINED IN  SUBDIVISION  TWO  OF
 SECTION  SIXTY-SIX-P  OF  THE  PUBLIC  SERVICE  LAW,  OR THE PROCUREMENT
 REQUIREMENTS OF SUBDIVISION FIVE OF SECTION SIXTY-SIX-P  OF  THE  PUBLIC
 SERVICE  LAW HAVE BEEN MET, SUCH INFORMATION SHALL NO LONGER BE REQUIRED
 TO BE INCLUDED IN  FUTURE  ANNUAL  AGENCY  CLIMATE  EXPENDITURE  REPORTS
 SUBMITTED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   § 2. This act shall take effect on the first of February following one
 year after which it shall have become a law.

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