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A01191 Summary:

BILL NOA01191B
 
SAME ASSAME AS S00288-C
 
SPONSOREpstein
 
COSPNSRLevenberg, 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.
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A01191 Memo:

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
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A01191 Text:



 
                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.
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