Levenberg, Gibbs, Reyes, Simon, Colton, Otis, Cunningham, Rosenthal L
MLTSPNSR
Add 75-0121, En Con L
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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1191B
SPONSOR: Epstein 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 corning
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
STATE OF NEW YORK
________________________________________________________________________
1191--B
2023-2024 Regular Sessions
IN ASSEMBLY
January 13, 2023
___________
Introduced by M. of A. EPSTEIN, LEVENBERG, GIBBS, REYES, SIMON, COLTON,
OTIS -- read once and referred to the Committee on Environmental
Conservation -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee -- reported and referred
to the Committee on Rules -- Rules Committee discharged, bill amended,
ordered reprinted as amended and recommitted to the Committee on Rules
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:
1 Section 1. The environmental conservation law is amended by adding a
2 new section 75-0121 to read as follows:
3 § 75-0121. Agency climate expenditure reporting.
4 1. Definitions. For the purposes of this section, the following terms
5 shall have the following meanings:
6 (a) "Agency" means any department, board, bureau, commission, divi-
7 sion, office, or committee of the state, or state authority.
8 (b) "State authority" shall mean a public authority or public benefit
9 corporation created by or existing under the public authorities law, or
10 any other law of the state of New York, with one or more of its members
11 appointed by the governor or who serve as members by virtue of holding a
12 civil office of the state, other than an interstate or international
13 authority or public benefit corporation, including subsidiaries of such
14 public authority or public benefit corporation.
15 (c) "State climate goals" means the goals and requirements as set
16 forth in chapter one hundred six of the laws of two thousand nineteen.
17 2. Annual agency climate expenditure report. The department, in coor-
18 dination with the New York state energy research and development author-
19 ity shall submit to the temporary president of the senate, the speaker
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00524-06-3
A. 1191--B 2
1 of the assembly, the minority leader of the senate, and the minority
2 leader of the assembly, as early as practicable, but no later than Janu-
3 ary thirtieth of each year, an annual agency climate expenditure report.
4 Such report shall contain a comprehensive estimate and summary of spend-
5 ing, to achieve the state climate goals for each individual agency and
6 for the state as a whole, broken down for each individual climate goal
7 including:
8 (a) amounts of funds spent in the prior fiscal year;
9 (b) funds needed for the upcoming fiscal year; and
10 (c) an analysis of how the use of such funds under paragraphs (a) and
11 (b) of this subdivision have met or are projected to meet requirements
12 for benefiting disadvantaged communities under section 75-0111 of this
13 article, and under the criteria established pursuant to such section.
14 3. Achievement of state climate goals. Upon a determination by the
15 council that any specific state climate goal set forth in section
16 75-0107 of this article, the targets as defined in subdivision two of
17 section sixty-six-p of the public service law, or the procurement
18 requirements of subdivision five of section sixty-six-p of the public
19 service law have been met, such information shall no longer be required
20 to be included in future annual agency climate expenditure reports
21 submitted pursuant to subdivision two of this section.
22 § 2. This act shall take effect on the first of February following one
23 year after which it shall have become a law.
