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A05105 Summary:

BILL NOA05105A
 
SAME ASSAME AS S05908-A
 
SPONSORColton
 
COSPNSRMosley, Rosenthal L, Walker, Skartados, Steck, Lifton, Cook, Blake, Ortiz, D'Urso, Peoples-Stokes, Barron, Rivera, Seawright, Abinanti, Carroll, Quart, Williams, Dinowitz, Thiele, Gottfried, Pellegrino, Glick, Hunter, Weprin
 
MLTSPNSRDavila, Galef, Hooper, Hyndman, Lentol, Rodriguez, Simon
 
Amd 6-104, Energy L; add 54-1525, En Con L; add 83-b, St Fin L
 
Requires the establishment of a one hundred percent clean energy system by two thousand thirty; requires the adoption of a climate action plan; establishes the renewable energy revolving fund; and provides for legal standing to sue for enforcement of the state clean energy plan.
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A05105 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5105A
 
SPONSOR: Colton (MS)
  TITLE OF BILL: An act to amend the energy law, in relation to estab- lishing a one hundred percent energy system by two thousand thirty; to amend the environmental conservation law, in relation to the adoption of a climate action plan; to amend the state finance law, in relation to establishing the renewable energy revolving fund; and to provide for legal standing to sue for enforcement of the state's clean energy plan   PURPOSE OR GENERAL IDEA OF BILL: To establish a goal of achieving a one hundred percent clean energy system by two thousand thirty, with net zero greenhouse gas emissions. Our state's continued use of fossil fuels, including coal, oil, and natural gas, is having devastating impacts on our climate and communi- ties, and our state's ongoing use of nuclear fuels continues to create immensely radioactive wastes that will be dangerous to future gener- ations for millennia. Transitioning to clean energy is fundamental to protecting our communities, particularly communities of color and lower income communities.   SUMMARY OF SPECIFIC PROVISIONS: Section 1. Subdivision 1 of section 6-104 of the energy law, as added by chapter 433 of the laws of 2009, is amended. Section 2. Subsection 1 of 6-104 establishes and details the plan, including the goal, definition of clean energy, the discontinuance of nuclear power and investments in fossil fuel infrastructure, requirement of details for set goals, establishes a goal of 100% new vehicles be zero emission by 2030, promotes regenerative agriculture, and other measures for meeting goals. Section 3. The environmental conservation law is amended by adding a new section 54-1525 related to the adoption of state climate action plan and climate action plans by local governments of more than 50,000; provide details as to how the plan shall be developed and implemented; provides for the development of programs to transition workers in the fossil fuels and nuclear industry; provides for grants for transitional job training; establishes a climate action council, including how membership is appointed; establishes state and regional renewable energy boards; requires utilities to submit compliance plans; establishes a state and local climate justice working groups. Section 4. Amends the state finance law by adding section 83-b related to a state renewable energy revolving fund. Section 5. Establishes enforcement and precedence. Section 6. The effec- tive date.   JUSTIFICATION: Given the growing threat of global anthropogenic climate change and the impacts that current energy systems have in contributing to this issue, the state must take a stand in stopping our contribution to global anthropogenic climate change. This bill would allow for this by estab- lishing a goal of achieving a one hundred percent clean energy system by two thousand thirty, with zero net greenhouse emissions. Currently, over one hundred twenty groups have called for the requirement for New York State to transition to 100% clean energy by 2030, including the Green Education and Legal Fund and Food and Water Watch, amongst many organizations throughout the state. This bill builds upon the Jacobson wind, water and solar (WWS) study by Stanford and Cornell Professors, among others. The WWS study shows that it is feasible to achieve hundred percent clean renewable energy systems by two thousand thirty. It would also incorporate measures related to reduction in energy use, increased energy conservation, and improvements in energy efficiency.   PRIOR LEGISLATIVE HISTORY: Initial bill was introduced in 2015.   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect on the first of January next succeeding the date upon which it shall become a law.
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A05105 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5105--A
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 6, 2017
                                       ___________
 
        Introduced  by M. of A. COLTON, MOSLEY, L. ROSENTHAL, WALKER, SKARTADOS,
          STECK, LIFTON, COOK, BLAKE,  ORTIZ,  D'URSO,  PEOPLES-STOKES,  BARRON,
          RIVERA,  HARRIS, SEAWRIGHT, ABINANTI, CARROLL, QUART, WILLIAMS, DINOW-
          ITZ, THIELE, GOTTFRIED, PELLEGRINO, GLICK -- Multi-Sponsored by --  M.
          of  A.  HOOPER,  LENTOL, RODRIGUEZ, SIMON -- read once and referred to
          the Committee on Energy -- recommitted to the Committee on  Energy  in
          accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
 
        AN  ACT  to  amend  the  energy  law,  in relation to establishing a one
          hundred percent energy system by two thousand  thirty;  to  amend  the
          environmental  conservation  law,  in  relation  to  the adoption of a
          climate action plan; to amend the state finance law,  in  relation  to
          establishing  the  renewable energy revolving fund; and to provide for
          legal standing to sue for enforcement of the state's clean energy plan
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Legislative  intent.    New York state's continued use of
     2  fossil fuels, including coal, oil, and natural gas, is having  devastat-
     3  ing  impacts  on our climate and communities. Our state's ongoing use of
     4  nuclear fuels continues to create immensely radioactive wastes that will
     5  be dangerous to future generations for millennia.  It  is  in  the  best
     6  interest of the people of New York to move the state into a clean energy
     7  revolution,  meeting 100 percent of our energy needs from clean, renewa-
     8  ble sources by 2030. Transitioning to clean  energy  is  fundamental  to
     9  protecting  our communities, particularly communities of color and lower
    10  income communities that are disproportionately affected by the worsening
    11  air and water quality that  results  from  the  incineration  of  fossil
    12  fuels.  A  transition  to  a  100  percent  clean  energy system will be
    13  achieved in a way that protects displaced fossil fuel workers,  impacted
    14  communities,  builds  a  stronger economy for everyone in the State, and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04918-03-8

        A. 5105--A                          2
 
     1  creates hundreds of thousands of new jobs, while at the same time elimi-
     2  nating New York's  contribution  to  the  biggest  environmental  threat
     3  facing our planet, climate change.
     4    §  2.  Subdivision  1  of section 6-104 of the energy law, as added by
     5  chapter 433 of the laws of 2009, is amended to read as follows:
     6    1. The board shall adopt a state energy plan in  accordance  with  the
     7  provisions of this article.
     8    (a) The plan shall establish a goal of achieving a one hundred percent
     9  clean energy system by two thousand thirty, with zero net greenhouse gas
    10  emissions.    As  used  in  this section, "clean renewable energy" shall
    11  include energy derived from solar, wind, geothermal, and tidal  sources,
    12  but  does  not  include  nuclear  power, natural gas, biomass, or fossil
    13  fuels.
    14    (b) The plan shall not include any provisions for  the  continued  use
    15  past  two  thousand  thirty  of nuclear power. The state shall develop a
    16  plan for the phase out of all nuclear plants by two thousand twenty-five
    17  and replace such plants with sources of renewable energy.
    18    (c) The plan shall not include provisions for  the  continued  use  of
    19  biomass,  including  biogas  from landfills, agricultural operations and
    20  other sources of biogas, including methane.  Instead,  the  state  shall
    21  develop  a  plan  to  phase  out  landfills  and convert to a zero waste
    22  disposal system and reduce greenhouse gas emissions in the animal  agri-
    23  cultural  sector by promoting pasture-based, sustainable animal agricul-
    24  tural systems and eliminating industrial style concentrated animal feed-
    25  ing operations from operating in the state.
    26    (d) The plan shall provide for the discontinuance of state  investment
    27  in,  and the development of, infrastructure related to the distribution,
    28  processing, storage, or extraction of fossil fuels. No state  agency  or
    29  authority  shall  issue new permits for the construction or operation of
    30  such facilities.
    31    (e) The plan shall include, in two-year  increments,  detailed  bench-
    32  marks  and  steps  needed  to  achieve the goal of a one hundred percent
    33  clean renewable energy system by two thousand thirty. Interim goals  for
    34  one hundred percent clean energy shall be as follows:
    35    (i) forty percent by two thousand twenty; and
    36    (ii) seventy percent by two thousand twenty-five.
    37    (f)  Any  provisions of this chapter relating to fossil fuels, natural
    38  gas, oil, coal, and petroleum products shall be controlling only for the
    39  sole purpose of providing guidance on how to discontinue the use of such
    40  fuels by two thousand thirty.
    41    (g) The plan shall incorporate measures related to reduction in energy
    42  use, increased energy conservation, and improvements in energy efficien-
    43  cy; it shall also promote regenerative agriculture to help return carbon
    44  to the soil.
    45    (h) The plan shall require any new vehicles sold in the  state  to  be
    46  all-electric  or  otherwise  no carbon emissions by two thousand twenty-
    47  five.
    48    (i) By two thousand twenty, any  new  structures  constructed  in  the
    49  state  shall  be  net  zero emission structures. The plan will include a
    50  rapid transition to renewable heating and cooling provided by heat pumps
    51  powered by renewable electricity.
    52    (j) The provisions of this subdivision shall supersede any  inconsist-
    53  ent provisions of this section.
    54    §  3.  The  environmental  conservation law is amended by adding a new
    55  section 54-1525 to read as follows:
    56  § 54-1525. Climate action plan.

        A. 5105--A                          3
 
     1    1. a. The department shall adopt a state climate action plan to imple-
     2  ment the goals established in section 6-104 of the energy law. The  plan
     3  shall address all aspects of climate change, including mitigation, adap-
     4  tation, and resiliency, including impacts caused by agriculture, heating
     5  and cooling, and transportation. The department shall release and publi-
     6  cize  on  its  website  a draft plan no later than nine months after the
     7  effective date of this section. Following the release of the draft plan,
     8  the department shall conduct regional public hearings to  obtain  public
     9  feedback  on  the  draft plan. The final plan will be completed no later
    10  than eighteen months after the  effective  date  of  this  section.  The
    11  department shall release and publicize on its website the final plan.
    12    b. Within one year after the release of the department's final climate
    13  action  plan,  each  state agency and public authority shall adopt regu-
    14  lations consistent with and in furtherance of the goals of  the  climate
    15  action  plan,  and  shall  develop an agency or authority climate action
    16  plan, as appropriate, which shall be updated annually, to  achieve  such
    17  goals for the agency's or authority's own internal operations as well as
    18  for regulatory purposes and other actions under the purview of the agen-
    19  cy or authority.
    20    c. Within one year after the release of the department's final climate
    21  action  plan,  each county government and each municipality representing
    22  more than fifty thousand individuals shall  adopt  a  community  climate
    23  action  plan.  Such plans shall support the development of community and
    24  publicly owned renewable energy. The department shall establish a state-
    25  wide environmental and climate justice task force to work with community
    26  groups in impacted areas to assist in the development and implementation
    27  of the community climate action plans, focusing on  low-income  communi-
    28  ties and communities of color.
    29    d.  The climate action plans referred to in paragraphs b and c of this
    30  subdivision shall incorporate goals  of  environmental  justice  and  be
    31  developed  with meaningful input and analysis from environmental justice
    32  organizations.
    33    e. The department shall ensure that  climate  action  plans  developed
    34  pursuant  to  paragraphs b and c of this subdivision achieve the state's
    35  goal of one hundred percent renewable energy by two thousand thirty in a
    36  manner that benefits the state's most disadvantaged communities  and  is
    37  transparent and accountable to the public and the legislature.
    38    2.  a.  The  state  climate action plan shall include provisions for a
    39  just transition from current energy sources to clean renewable energy as
    40  described in subdivision one of section 6-104 of the  energy  law.  Such
    41  provisions shall include providing training and ensuring comparable jobs
    42  and  wages  to individuals presently working in the fossil fuel industry
    43  and in the nuclear power industry.
    44    b. The department, in conjunction  with  the  New  York  state  energy
    45  research  and development authority and the commissioner of labor, shall
    46  develop programs to transition workers in the fossil fuel  industry  and
    47  nuclear  power  industries  into  jobs  in  the renewable energy sector,
    48  including job training programs, relocation  assistance,  higher  educa-
    49  tion,  and  temporary financial support to extend unemployment benefits.
    50  Such programs shall also be open to workers previously employed  in  the
    51  fossil  fuel industry who are out of work due to reduction in demand for
    52  jobs in that industry, or to people who live in  communities  that  have
    53  been  disproportionately  impacted  by fossil fuels as determined by the
    54  commissioner. Such programs shall be funded through the renewable energy
    55  revolving fund, established  by  section  eighty-three-b  of  the  state
    56  finance law.

        A. 5105--A                          4
 
     1    c.  The  department,  in  conjunction  with  the New York state energy
     2  research and development authority and the commissioner of labor,  shall
     3  develop criteria for grants and low-interest loans to support the gener-
     4  ation  of  renewable  energy  and job training programs in the renewable
     5  energy  sector,  with  priority given to projects in low-income communi-
     6  ties,  communities  of  color,  immigrant  communities  and  communities
     7  disproportionately impacted by fossil fuel development.
     8    3.  a.  A state climate action council shall be established within the
     9  department for the purpose of providing recommendations to  the  depart-
    10  ment  and  relevant  state agencies and public authorities regarding the
    11  development, adoption, and implementation of the  state  climate  action
    12  plan and the agency and authority climate action plans.
    13    b. The climate action council shall:
    14    (i)  prepare  annual budget requests for climate action measures to be
    15  included in the proposed state budget;
    16    (ii) propose needed state legislation and agency and public  authority
    17  regulations.  If such regulations or laws are rejected, a written expla-
    18  nation justifying such rejection  shall  be  provided  by  the  relevant
    19  acting body along with possible alternative approaches; and
    20    (iii) recommend the overturning of any state regulations adopted after
    21  the  state climate action plan and the agency and public authority plans
    22  that are inconsistent with the state climate action plan.
    23    c. The climate action council shall consist of the following members:
    24    (i) the commissioner;
    25    (ii) the commissioner of agriculture and markets;
    26    (iii) the commissioner of economic development;
    27    (iv) the commissioner of housing and community renewal;
    28    (v) the commissioner of transportation;
    29    (vi) the chair of the public service commission;
    30    (vii) the chair of the metropolitan transportation authority;
    31    (viii) the president of the New York state energy research and  devel-
    32  opment authority;
    33    (ix) the president of the Long Island power authority;
    34    (x) the president of the power authority of the state of New York;
    35    (xi)  the  president  of  the  dormitory authority of the state of New
    36  York;
    37    (xii) the secretary of state;
    38    (xiii) the director of the budget;
    39    (xiv) the director of state operations; and
    40    (xv) the counsel to the governor.
    41    d. Additional appointments shall be made by the governor  and  leaders
    42  of  the  state  legislature  to represent the renewable energy industry,
    43  businesses, farmers, health professionals, small business,  and  academ-
    44  ics. At least one-third of the members shall represent community groups,
    45  labor  unions, environmental justice organizations, and climate advocacy
    46  groups. The temporary president of the senate and  the  speaker  of  the
    47  assembly shall each appoint two members, and the minority leaders of the
    48  senate and the assembly shall each appoint one member.
    49    e.  The  climate  action  council shall meet at least quarterly.  Each
    50  state agency and public authority shall provide the council  with  quar-
    51  terly updates of the measures taken by the agency or authority to reduce
    52  greenhouse gas emissions and promote one hundred percent clean renewable
    53  energy.
    54    f.  The council shall submit an annual report to the legislature as to
    55  its progress in achieving its goals. The assembly and  the  senate  will

        A. 5105--A                          5
 
     1  hold  a  joint  public  hearing  to  review the report and to provide an
     2  opportunity for public input.
     3    4.  a.  The  department shall establish a state renewable energy board
     4  and regional renewable energy boards under the  climate  action  council
     5  and  shall  appoint  members  thereto  based upon recommendations by the
     6  climate action council. The state and regional boards shall be comprised
     7  of membership from organizations that  represent  environmental  justice
     8  communities,  labor unions, environmental organizations, academics know-
     9  ledgeable about energy systems, consumer organizations,  utilities,  and
    10  businesses.  The  boards  will  be  responsible for approving utilities'
    11  clean energy compliance plans and approving and  allocating  funds  from
    12  the  state renewable energy revolving fund established by section eight-
    13  y-three-b of the state finance law.
    14    b. Within one year of the effective date of this section, each utility
    15  subject to the provisions of the public service law shall  submit  plans
    16  detailing  the  utility's  plans to comply with the goals established in
    17  section 6-104 of the energy law for  approval  to  the  state  renewable
    18  energy  board.  Each utility shall submit annual reports documenting its
    19  progress towards meeting the goals, and any proposed amendments  to  its
    20  plan. If a utility fails to meet the clean energy benchmarks established
    21  in section 6-104 of the energy law, it shall submit an updated plan that
    22  documents  how the utility will come into compliance with the benchmarks
    23  the following year.
    24    c. Any utility failing to comply with the provisions of paragraph b of
    25  this subdivision shall be fined an amount that is two times the marginal
    26  cost difference between the highest priced fossil fuel they are  burning
    27  and the lowest cost renewable energy per kilowatt hour.  Fines collected
    28  from  violations  shall  be  deposited  into  the state renewable energy
    29  revolving fund  established  by  section  eighty-three-b  of  the  state
    30  finance  law  and  used  to  develop renewable energy generation, energy
    31  efficiency, and job training programs in the  communities  where  fossil
    32  fuels  continue  to be utilized for energy. No fines collected for these
    33  violations shall be passed through to ratepayers.
    34    d. Onsite and community renewable energy  shall  be  credited  at  the
    35  retail rate of electricity for energy generated up to one hundred twenty
    36  percent  of  energy consumption at the time of installation, taken as an
    37  average of annual usage for the past five years. Energy generated beyond
    38  one hundred twenty percent shall be reimbursed at the wholesale rate. In
    39  months where energy generation exceeds usage, the  difference  shall  be
    40  credited  to  the electric bill, and at the end of the year, excess owed
    41  to the electric customer shall be paid to the customer. Any utility that
    42  captures energy generated in excess of one hundred twenty percent  shall
    43  deposit  an  amount  equal  to  the  retail price of electricity for the
    44  amount generated into the state renewable energy revolving  fund  estab-
    45  lished by section eighty-three-b of the state finance law.
    46    5. a. The commissioner shall appoint a statewide climate justice work-
    47  ing group for the following purposes:
    48    (i) to evaluate the climate action plans developed by each state agen-
    49  cy  and  public  authority  and  to advise the department on an on going
    50  basis as to progress made by respective agencies and public authorities;
    51    (ii) to consult with the department of public service and  the  public
    52  service  commission  to assess the progress made by utilities subject to
    53  the provisions of the public service law in coming into compliance  with
    54  the  state  energy  plan mandated by subdivision one of section 6-104 of
    55  the energy law and to advise the department on an on-going basis  as  to
    56  progress made by such utilities; and

        A. 5105--A                          6
 
     1    (iii)  to advise the department regarding measures to expand access to
     2  renewable energy in low-income and immigrant communities  in  ways  that
     3  advance environmental, climate, economic, and racial justice interests.
     4    b.  The  state  climate  justice  working  group shall be empowered to
     5  request and receive reports and other relevant  information  from  agen-
     6  cies,  public  authorities,  the  department  of  public service and the
     7  public service commission, utilities subject to the  provisions  of  the
     8  public  service law, and other entities necessary to evaluate and advise
     9  the department on plans and  progress  towards  the  transition  to  one
    10  hundred  percent  renewable  energy.  All  state  agencies, authorities,
    11  commissions and departments  shall  cooperate  with  the  state  climate
    12  justice working group in fulfilling its mandate.
    13    c. The state climate justice working group shall be comprised of thir-
    14  teen  members  who  are  residents of low-income communities or environ-
    15  mental justice communities.  Members shall serve for no more than  three
    16  four-year terms each as follows:
    17    (i) five members shall be representatives of community-based organiza-
    18  tions that advise or assist minority and low-income communities on envi-
    19  ronmental matters;
    20    (ii) four members shall be representatives of businesses involved with
    21  energy, heating and cooling, transportation and agriculture;
    22    (iii)  two members shall be representatives of environmental conserva-
    23  tion offices of local government;
    24    (iv) two members shall be representatives of state or national  organ-
    25  izations  promoting  environmental  conservation, researchers, educators
    26  and members of the general public; and
    27    (v) three of such members shall be nominated by the governor;  two  of
    28  such  members  shall  be  nominated  by  the  temporary president of the
    29  senate; two members shall be nominated by the speaker of  the  assembly;
    30  two members shall be nominated by the chairs of the senate environmental
    31  conservation  and  energy  and  telecommunications  committees;  and two
    32  members shall be nominated by the chairs of the  assembly  environmental
    33  conservation and energy committees.
    34    d.  The  department  shall  include  the  costs  of administrating and
    35  resourcing the climate  justice  working  group  in  its  annual  budget
    36  requests  to  the  legislature.  In  any given year that the legislature
    37  fails to approve adequate funding for the climate justice working  group
    38  as a distinct line item, the department shall fund the operations of the
    39  climate  justice  working  group  through  re-allocation of its approved
    40  administrative budget.
    41    6. a. Each county government and each municipality  representing  more
    42  than  fifty  thousand  individuals  shall create a local climate justice
    43  working group to evaluate the performance of the county or  municipality
    44  in  expanding access to renewable energy and to advancing environmental,
    45  climate, economic and racial justice.
    46    b. Each local climate justice working group shall:
    47    (i) issue recommendations on local plans to further the objectives  of
    48  the  state  climate  action  plan  and  implementation of these plans to
    49  achieve one hundred percent clean renewable energy; and
    50    (ii) offer endorsements or rejections of plans and reports, and  offer
    51  specific analysis of the plans' impacts on expanding access to renewable
    52  energy   and  advancing  environmental,  climate,  economic  and  racial
    53  justice.
    54    c. Each local climate justice working  group  shall  be  comprised  of
    55  residents  of  low-income communities and environmental justice communi-
    56  ties. Members shall be appointed by  local  government  consistent  with

        A. 5105--A                          7
 
     1  rules  adopted  by  such local government. Members shall number at least
     2  eight and no more than twelve individuals. Members shall  serve  for  no
     3  more than three four-year terms each.
     4    d.  Each  local  climate  justice  working group shall be empowered to
     5  receive reports and other relevant information  from  companies,  utili-
     6  ties,  and  other  entities  necessary to develop recommendations on the
     7  plans and their implementation.
     8    e. The department  shall  include  the  costs  of  administrating  and
     9  resourcing the local climate justice working groups in its annual budget
    10  requests  to  the  legislature.  In  any given year that the legislature
    11  fails to approve funding for the local climate justice working groups as
    12  a distinct line item, the department shall fund the  operations  of  the
    13  local  climate  justice  working  groups  through  re-allocation  of its
    14  approved administrative budget.
    15    § 4. The state finance law is amended by adding a new section 83-b  to
    16  read as follows:
    17    §  83-b.  State  renewable  energy  revolving fund. 1. There is hereby
    18  established in the joint custody of the comptroller and the commissioner
    19  of taxation and finance a special fund to be known as the "state renewa-
    20  ble energy revolving fund".
    21    2. The fund  shall  consist  of  moneys  appropriated  thereto,  fines
    22  collected pursuant to paragraph c of subdivision four of section 54-1525
    23  of  the  environmental  conservation law, and funds transferred from any
    24  other fund or source.
    25    3. The comptroller shall establish the following separate and distinct
    26  accounts within the renewable energy revolving fund:
    27    a. the loan fund, which shall fund grants and  low-interest  loans  to
    28  support  the generation of renewable energy and job training programs in
    29  the renewable energy sector pursuant to paragraph c of  subdivision  two
    30  of section 54-1525 of the environmental conservation law;
    31    b.  the  training account, which will fund training programs and other
    32  benefits for displaced workers pursuant to paragraph  b  of  subdivision
    33  two of section 54-1525 of the environmental conservation law; and
    34    c. the localities assistance account, which shall reimburse localities
    35  for  any  revenue  loss  occurring  from  the shutdown of fossil fuel or
    36  nuclear power plants.  Such  account  shall  also  be  used  to  provide
    37  payments  in lieu to taxes related to the siting of any renewable energy
    38  facilities or projects.
    39    4. Priority in distribution among the accounts specified  in  subdivi-
    40  sion  three  of  this  section  shall  be given to the training account.
    41  Moneys allotted to such account shall be sufficient to ensure that every
    42  displaced fossil fuel worker and  nuclear  power  worker  in  the  state
    43  receives the opportunity to transition into jobs in the renewable energy
    44  sector.
    45    5. Revenues in the renewable energy revolving fund shall be kept sepa-
    46  rate and shall not be commingled with any other moneys in the custody of
    47  the comptroller. All deposits of such revenues shall, if required by the
    48  comptroller,  be  secured  by obligations of the United States or of the
    49  state having a market value equal at all times to  the  amount  of  such
    50  deposits  and all banks and trust companies are authorized to give secu-
    51  rity for such deposits. Any such revenues in such  fund  may,  upon  the
    52  discretion  of  the comptroller, be invested in obligations in which the
    53  comptroller is authorized to invest pursuant to  section  ninety-eight-a
    54  of this article.
    55    6.  All  payments of moneys from the loan account of the fund shall be
    56  made on the audit and warrant of the comptroller. All payments from  the

        A. 5105--A                          8
 
     1  training  account  of the fund shall be made on the audit and warrant of
     2  the commissioner of labor.
     3    §  5.  a.  The  attorney  general  is hereby authorized to commence an
     4  action or special proceeding in any court of competent  jurisdiction  in
     5  the  state  in  the  name  of  the  people  of  the state to enforce the
     6  provisions of this act, recover any fine  or  penalty  due  pursuant  to
     7  section 54-1525 of the environmental conservation law, or for injunctive
     8  relief  to compel compliance with the provisions of this act. All moneys
     9  recovered in any such action or special proceeding,  together  with  the
    10  costs thereof shall be paid into the state treasury to the credit of the
    11  state renewable energy revolving fund established by section 83-b of the
    12  state finance law.
    13    b.  Notwithstanding  any  law, rule or regulation to the contrary, any
    14  resident of the state of New York, over the  age  of  twenty-one,  shall
    15  have  legal  standing to sue to ensure satisfaction of the provisions of
    16  this act.
    17    § 6. This act shall take effect on the first of January next  succeed-
    18  ing the date upon which it shall have become a law.
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