A00257 Summary:

COSPNSREnglebright, Rozic, Simon, Epstein, Rosenthal L, Weprin, Colton, Steck
Amd 181, Exec L
Requires the governor's tax expenditure reporting to include an enumeration of all fossil fuel related tax expenditures; imposes a 5 year expiration upon any fossil fuel related tax expenditures enacted.
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A00257 Committee Votes:

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A00257 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     January 9, 2019
        Introduced  by  M.  of  A.  CAHILL,  ENGLEBRIGHT, ROZIC, SIMON, EPSTEIN,
          L. ROSENTHAL, WEPRIN, COLTON -- read once and referred to the  Commit-
          tee  on Governmental Operations -- committee discharged, bill amended,
          ordered reprinted as amended and  recommitted  to  said  committee  --
          again  reported from said committee with amendments, ordered reprinted
          as amended and recommitted to said committee  --  recommitted  to  the
          Committee  on Governmental Operations in accordance with Assembly Rule
          3, sec. 2 -- committee discharged, bill amended, ordered reprinted  as
          amended and recommitted to said committee
        AN  ACT  to  amend the executive law, in relation to requiring an annual
          report of all fossil fuel related tax expenditures; and to provide for
          the expiration of fossil fuel related tax expenditures
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Legislative  findings.  The  legislature hereby finds and
     2  declares that the use of fossil fuels result  in  greenhouse  gas  emis-
     3  sions.  The  state  has  a  goal of reducing greenhouse gas emissions by
     4  eighty percent below 1990 levels  by  2050  to  combat  climate  change.
     5  Therefore,  the  state has an interest in reducing tax expenditures that
     6  support fossil fuels. By creating a process through which  the  legisla-
     7  ture  would  review  existing  fossil fuel tax expenditures on a regular
     8  basis, the state can better ensure that they are in the public interest.
     9    § 2. Subdivision 1 of section 181 of the executive law is  amended  by
    10  adding two new paragraphs (c) and (d) to read as follows:
    11    (c)  "Fossil  fuel" shall have the same definition as in section 1-103
    12  of the energy law and include biodiesel.
    13    (d) "Fossil fuel related tax expenditures" shall mean tax expenditures
    14  that directly support the production, transmission, distribution, trans-
    15  portation, storage, sale, purchase or delivery of fossil fuels.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 257--C                           2
     1    § 3. The opening paragraph and paragraphs (f) and (g) of subdivision 2
     2  of section 181 of the executive law, the opening paragraph as amended by
     3  chapter 309 of the laws of 1996 and paragraphs (f) and (g) as  added  by
     4  chapter  23  of the laws of 1990, are amended and two new paragraphs (h)
     5  and (i) are added to read as follows:
     6    In  addition  to  the  information  required  by  article seven of the
     7  constitution and section twenty-two of the state finance law, the gover-
     8  nor shall submit to the legislature and make available to the public  on
     9  the  websites  of the state division of budget and the executive office,
    10  and any other location deemed necessary to ensure ease  of  access,  [as
    11  early  as  practicable,  but no later than thirty days after] concurrent
    12  with submitting the budget, a  tax  expenditure  report  containing  the
    13  following  information  and  statements  relating to tax expenditures in
    14  articles nine (other than section one  hundred  eighty),  nine-A,  thir-
    15  teen-A,  twenty-two,  twenty-eight, thirty-one[, thirty-two] and thirty-
    16  three of the tax law:
    17    (f) comment, if any, on the effectiveness and efficiency of other  tax
    18  expenditures; [and]
    19    (g)  general  cautionary  and advisory notes concerning limitations of
    20  data, estimation procedures, sampling errors and imputed values,  promi-
    21  nently displayed[.];
    22    (h) information identifying whether a tax expenditure is a fossil fuel
    23  related tax expenditure and if so, provide additional information on the
    24  impact of such expenditures in regard to economic growth, jobs, individ-
    25  ual cost of living and fossil fuel emissions; and
    26    (i)  any recommendations of the governor regarding continuing, modify-
    27  ing or repealing any identified fossil fuel  related  tax  expenditures,
    28  and  such  other  information  regarding  such  fossil  fuel related tax
    29  expenditures as he or she may feel useful and appropriate, in  consulta-
    30  tion with the state energy planning board.
    31    §  4.  Notwithstanding any other provisions of law, there shall be a 5
    32  year expiration for all fossil fuel related tax expenditures, as defined
    33  in paragraph (d) of subdivision 1 of section 181 of the  executive  law,
    34  with  such  5  year period commencing on the effective date of this act;
    35  provided, however, that if such an expenditure would otherwise expire or
    36  be deemed repealed pursuant to law  upon  an  earlier  date,  then  such
    37  expenditure  shall  expire or be deemed repealed upon such earlier date.
    38  Any new fossil fuel related tax expenditure enacted by  the  legislature
    39  after  the effective date of this act shall be subject to a 5 year expi-
    40  ration commencing on the effective date of the act  which  enacted  such
    41  expenditure unless otherwise specified by the legislature at that time.
    42    § 5. This act shall take effect immediately.
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