Senate Bill S10669

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10669
 
                             I N  S E N A T E
 
                               July 24, 2026
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   establishing  the  indigenous  black  carbon recovery and clean energy
   manufacturing pilot program in  the  capital  district  and  adjoining
   regions; and making an appropriation therefor

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. 1. The  legislature  hereby  finds  and
 declares that:
   (a)  black carbon emissions, a byproduct of incomplete combustion from
 industrial processes, transportation, and legacy pollution sources,  are
 a  significant  contributor  to climate change and pose disproportionate
 health risks to Indigenous and historically marginalized communities;
   (b) lands connected to Indigenous Nations have  experienced  long-term
 environmental  burdens,  including  airborne  and  soil-deposited  black
 carbon contamination,  impacting  ecosystems,  agriculture,  and  public
 health;
   (c)  advances  in  material science and clean energy manufacturing now
 enable the capture, refinement, and reuse of carbon-based materials  for
 high-value applications, including components used in photovoltaic tech-
 nologies;
   (d)  the  state  of  New  York has established ambitious climate goals
 under the climate leadership and  community  protection  act,  requiring
 innovative  solutions  that  integrate  environmental  remediation  with
 economic development;
   (e) emerging solar technologies, including tilt-optimized photovoltaic
 systems and agrivoltaic applications, provide opportunities to  increase
 land-use  efficiency,  support  agricultural  productivity,  and  expand
 renewable energy deployment; and
   (f) Indigenous Nations possess critical ecological knowledge and  must
 be  full partners in environmental restoration, resource management, and
 clean energy development.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16158-01-6
              

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   2. It is therefore the intent of the legislature to establish a  pilot
 program that:
   (a) captures and remediates black carbon pollution;
   (b) enables Indigenous-led participation and governance;
   (c)  supports  in-state  manufacturing of advanced solar technologies;
 and
   (d) deploys innovative solar systems across New York state.
   § 2. The environmental conservation law is amended  by  adding  a  new
 section 19-0333 to read as follows:
 § 19-0333. INDIGENOUS BLACK CARBON RECOVERY AND CLEAN ENERGY MANUFACTUR-
              ING PILOT PROGRAM.
   1.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A) "PILOT PROGRAM" MEANS THE INDIGENOUS  BLACK  CARBON  RECOVERY  AND
 CLEAN ENERGY MANUFACTURING PILOT PROGRAM;
   (B)  "BLACK  CARBON" MEANS PARTICULATE MATTER PRODUCED FROM INCOMPLETE
 COMBUSTION OF FOSSIL FUELS, BIOMASS, AND OTHER CARBON-BASED MATERIALS;
   (C) "PARTICIPATING INDIGENOUS NATIONS" MEANS FEDERALLY  RECOGNIZED  OR
 STATE-RECOGNIZED  NATIVE  AMERICAN TRIBES WITH HISTORICAL, ANCESTRAL, OR
 PRESENT TIES TO THE CAPITAL DISTRICT OR SURROUNDING REGIONS;
   (D) "RECOVERED CARBON MATERIAL"  MEANS  BLACK  CARBON  THAT  HAS  BEEN
 CAPTURED,  PROCESSED,  AND REFINED FOR REUSE IN INDUSTRIAL OR TECHNOLOG-
 ICAL APPLICATIONS;
   (E) "ADVANCED SOLAR TECHNOLOGIES" MEANS PHOTOVOLTAIC  SYSTEMS  INCLUD-
 ING, BUT NOT LIMITED TO:
   (I) TILT-OPTIMIZED SOLAR PANELS;
   (II)  AGRIVOLTAIC  SYSTEMS COMBINING AGRICULTURE AND SOLAR GENERATION;
 AND
   (III) CARBON-ENHANCED PHOTOVOLTAIC MATERIALS; AND
   (F) "CAPITAL DISTRICT" MEANS THE REGION OF THE STATE CONTAINING  ALBA-
 NY,  COLUMBIA,  GREENE,  SARATOGA,  SCHENECTADY, RENSSELAER, WARREN, AND
 WASHINGTON COUNTIES.
   2. (A) THERE IS HEREBY ESTABLISHED THE INDIGENOUS BLACK CARBON  RECOV-
 ERY  AND  CLEAN  ENERGY  MANUFACTURING  PILOT PROGRAM. THE PILOT PROGRAM
 SHALL OPERATE WITHIN:
   (I) THE CAPITAL DISTRICT; AND
   (II) ANY ADDITIONAL REGIONS IDENTIFIED IN  CONSULTATION  WITH  PARTIC-
 IPATING INDIGENOUS NATIONS.
   (B) THE PILOT PROGRAM SHALL BE JOINTLY ADMINISTERED BY:
   (I) THE STATE OF NEW YORK;
   (II) PARTICIPATING INDIGENOUS NATIONS; AND
   (III) DESIGNATED RESEARCH, MANUFACTURING, AND ENVIRONMENTAL PARTNERS.
   3.  (A)  THE  STATE  SHALL  ENGAGE  IN FORMAL GOVERNMENT-TO-GOVERNMENT
 CONSULTATION WITH PARTICIPATING INDIGENOUS  NATIONS.  SUCH  CONSULTATION
 SHALL INCLUDE:
   (I) LAND USE AND REMEDIATION AGREEMENTS;
   (II) CARBON RECOVERY AND RESOURCE ALLOCATION FRAMEWORKS; AND
   (III) CO-OWNERSHIP OPPORTUNITIES IN MANUFACTURING AND ENERGY ASSETS.
   (B)  PARTICIPATING  INDIGENOUS NATIONS SHALL HAVE MEANINGFUL DECISION-
 MAKING AUTHORITY IN:
   (I) PROJECT DESIGN;
   (II) SITE SELECTION;
   (III) IMPLEMENTATION AND DEPLOYMENT; AND
   (IV) LONG-TERM GOVERNANCE STRUCTURES.
   4. THE PILOT PROGRAM SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A) BLACK CARBON CAPTURE AND REMEDIATION, INCLUDING:
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   (I) DEPLOYMENT OF TECHNOLOGIES  TO  CAPTURE  AIRBORNE  AND  SOIL-BASED
 BLACK CARBON;
   (II) CLEANUP OF LEGACY CONTAMINATION SITES; AND
   (III) MONITORING OF AIR QUALITY AND ENVIRONMENTAL HEALTH IMPACTS;
   (B) MATERIAL PROCESSING AND REUSE, INCLUDING:
   (I) DEVELOPMENT OF FACILITIES TO REFINE RECOVERED CARBON MATERIALS;
   (II) INTEGRATION OF CARBON MATERIALS INTO PHOTOVOLTAIC AND CLEAN ENER-
 GY COMPONENTS; AND
   (III)  SUPPORT FOR RESEARCH PARTNERSHIPS WITH UNIVERSITIES AND PRIVATE
 SECTOR INNOVATORS;
   (C) IN-STATE SOLAR MANUFACTURING, INCLUDING:
   (I) ESTABLISHMENT OF MANUFACTURING CAPACITY WITHIN NEW YORK STATE; AND
   (II) PRODUCTION OF TILT-OPTIMIZED  SOLAR  PANELS,  AGRIVOLTAIC  SYSTEM
 COMPONENTS AND NEXT-GENERATION CARBON-ENHANCED PHOTOVOLTAIC MATERIALS;
   (D) DEPLOYMENT OF ADVANCED SOLAR SYSTEMS, INCLUDING INSTALLATION ON:
   (I) INDIGENOUS LANDS PROVIDED THERE IS VOLUNTARY PARTICIPATION;
   (II) AGRICULTURAL LANDS;
   (III) BROWNFIELD AND REMEDIATED SITES; AND
   (IV) PUBLIC INFRASTRUCTURE;
   (E) AGRIVOLTAIC INTEGRATION INCLUDING:
   (I) DUAL-USE SYSTEMS ENABLING AGRICULTURAL PRODUCTION AND SOLAR GENER-
 ATION;
   (II)  PARTNERSHIPS  WITH  LOCAL  FARMERS  AND  INDIGENOUS AGRICULTURAL
 PROGRAMS; AND
   (III) RESEARCH INTO CROP COMPATIBILITY AND YIELD OPTIMIZATION; AND
   (F) WORKFORCE DEVELOPMENT INCLUDING:
   (I) TRAINING PROGRAMS PRIORITIZING INDIGENOUS  COMMUNITIES  AND  LOCAL
 RESIDENTS; AND
   (II)  APPRENTICESHIPS  IN ENVIRONMENTAL REMEDIATION, ADVANCED MANUFAC-
 TURING AND SOLAR INSTALLATION AND MAINTENANCE.
   5. PRIORITY SHALL BE GIVEN TO COMMUNITIES DESIGNATED AS  DISADVANTAGED
 PURSUANT  TO  THE  CLIMATE  LEADERSHIP  AND COMMUNITY PROTECTION ACT. AT
 LEAST FORTY PERCENT OF PILOT  PROGRAM  BENEFITS  SHALL  ACCRUE  TO  SUCH
 COMMUNITIES, INCLUDING INDIGENOUS POPULATIONS.
   6. NO PROJECT SHALL PROCEED WITHOUT:
   (A)  FREE,  PRIOR,  AND INFORMED CONSULTATION WITH AFFECTED INDIGENOUS
 NATIONS; AND
   (B) ENVIRONMENTAL AND HEALTH IMPACT ASSESSMENTS.
   7. (A) THE DEPARTMENT SHALL SUBMIT AN ANNUAL REPORT  TO  GOVERNOR  AND
 THE  LEGISLATURE  NO  LATER THAN DECEMBER FIRST OF EACH YEAR. THE REPORT
 SHALL INCLUDE THE:
   (I) REDUCTIONS IN BLACK CARBON POLLUTION;
   (II) ECONOMIC AND JOB CREATION IMPACTS;
   (III) INDIGENOUS OWNERSHIP AND PARTICIPATION METRICS; AND
   (IV) SOLAR ENERGY GENERATION AND DEPLOYMENT OUTCOMES.
   (B) A COMPREHENSIVE PROGRAM EVALUATION SHALL BE CONDUCTED  AFTER  FIVE
 YEARS.
   7.  FOLLOWING  A  COMPREHENSIVE PROGRAM EVALUATION, THE DEPARTMENT MAY
 EXPAND THE PROGRAM STATEWIDE PRIORITIZING REGIONS  WITH  HIGH  POLLUTION
 BURDENS,  RENEWABLE  ENERGY  POTENTIAL  AND OPPORTUNITIES FOR INDIGENOUS
 PARTNERSHIP.
   § 3. The sum of fifty million dollars ($50,000,000), or so much there-
 of as may be necessary, is hereby  appropriated  to  the  department  of
 environmental  conservation  out  of any moneys in the state treasury in
 the general fund to the credit of the state purposes account, not other-
 wise appropriated, and made immediately available, for  the  purpose  of
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 carrying  out  the provisions of this act.  Such moneys shall be payable
 on the audit and warrant of the comptroller  on  vouchers  certified  or
 approved  by the commissioner of the department of environmental conser-
 vation in the manner prescribed by law.
   § 4. This act shall take effect immediately.