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A03565 Summary:

BILL NOA03565
 
SAME ASSAME AS S05266
 
SPONSORColton (MS)
 
COSPNSRMosley, Rosenthal L, Walker, Steck, Lifton, Cook, Blake, Ortiz, D'Urso, Peoples-Stokes, Barron, Rivera, Seawright, Abinanti, Carroll, Quart, Williams, Dinowitz, Thiele, Gottfried, Glick, Hunter, Weprin, Reyes, Arroyo, Epstein, Jaffee, Hyndman, McDonough, Fernandez, Burke
 
MLTSPNSRDavila, Galef, Hevesi, Lentol, Rodriguez, Sayegh, 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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A03565 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3565
 
SPONSOR: Colton (MS)
  TITLE OF BILL: An act to amend the energy law, in relation to establishing a one hundred percent energy system by two thousand thirty; to amend the envi- ronmental 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 effective 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 organ- izations 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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A03565 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3565
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 29, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  COLTON, MOSLEY, L. ROSENTHAL, WALKER, STECK,
          LIFTON, COOK, BLAKE, ORTIZ, D'URSO,  PEOPLES-STOKES,  BARRON,  RIVERA,
          SEAWRIGHT, ABINANTI, CARROLL, QUART, WILLIAMS, DINOWITZ, THIELE, GOTT-
          FRIED, GLICK, HUNTER, WEPRIN -- Multi-Sponsored by -- M. of A. DAVILA,
          EPSTEIN,  GALEF,  HYNDMAN,  LENTOL,  RODRIGUEZ, SIMON -- read once and
          referred to the Committee on Energy
 
        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
    15  creates hundreds of thousands of new jobs, while at the same time elimi-
    16  nating  New  York's  contribution  to  the  biggest environmental threat
    17  facing our planet, climate change.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04435-01-9

        A. 3565                             2
 
     1    § 2. Subdivision 1 of section 6-104 of the energy  law,  as  added  by
     2  chapter 433 of the laws of 2009, is amended to read as follows:
     3    1.  The  board  shall adopt a state energy plan in accordance with the
     4  provisions of this article.
     5    (a) The plan shall establish a goal of achieving a one hundred percent
     6  clean energy system by two thousand thirty, with zero net greenhouse gas
     7  emissions.   As used in this section,  "clean  renewable  energy"  shall
     8  include  energy derived from solar, wind, geothermal, and tidal sources,
     9  but does not include nuclear power,  natural  gas,  biomass,  or  fossil
    10  fuels.
    11    (b)  The  plan  shall not include any provisions for the continued use
    12  past two thousand thirty of nuclear power. The  state  shall  develop  a
    13  plan for the phase out of all nuclear plants by two thousand twenty-five
    14  and replace such plants with sources of renewable energy.
    15    (c)  The  plan  shall  not include provisions for the continued use of
    16  biomass, including biogas from landfills,  agricultural  operations  and
    17  other  sources  of  biogas,  including methane. Instead, the state shall
    18  develop a plan to phase out  landfills  and  convert  to  a  zero  waste
    19  disposal  system and reduce greenhouse gas emissions in the animal agri-
    20  cultural sector by promoting pasture-based, sustainable animal  agricul-
    21  tural systems and eliminating industrial style concentrated animal feed-
    22  ing operations from operating in the state.
    23    (d)  The plan shall provide for the discontinuance of state investment
    24  in, and the development of, infrastructure related to the  distribution,
    25  processing,  storage,  or extraction of fossil fuels. No state agency or
    26  authority shall issue new permits for the construction or  operation  of
    27  such facilities.
    28    (e)  The  plan  shall include, in two-year increments, detailed bench-
    29  marks and steps needed to achieve the goal  of  a  one  hundred  percent
    30  clean  renewable energy system by two thousand thirty. Interim goals for
    31  one hundred percent clean energy shall be as follows:
    32    (i) forty percent by two thousand twenty-two; and
    33    (ii) seventy percent by two thousand twenty-seven.
    34    (f) Any provisions of this chapter relating to fossil  fuels,  natural
    35  gas, oil, coal, and petroleum products shall be controlling only for the
    36  sole purpose of providing guidance on how to discontinue the use of such
    37  fuels by two thousand thirty.
    38    (g) The plan shall incorporate measures related to reduction in energy
    39  use, increased energy conservation, and improvements in energy efficien-
    40  cy; it shall also promote regenerative agriculture to help return carbon
    41  to the soil.
    42    (h)  The  plan  shall require any new vehicles sold in the state to be
    43  all-electric or otherwise no carbon emissions by  two  thousand  twenty-
    44  five.
    45    (i)  By two thousand twenty-two, any new structures constructed in the
    46  state shall be net zero emission structures. The  plan  will  include  a
    47  rapid transition to renewable heating and cooling provided by heat pumps
    48  powered by renewable electricity.
    49    (j)  The provisions of this subdivision shall supersede any inconsist-
    50  ent provisions of this section.
    51    § 3. The environmental conservation law is amended  by  adding  a  new
    52  section 54-1525 to read as follows:
    53  § 54-1525. Climate action plan.
    54    1. a. The department shall adopt a state climate action plan to imple-
    55  ment  the goals established in section 6-104 of the energy law. The plan
    56  shall address all aspects of climate change, including mitigation, adap-

        A. 3565                             3
 
     1  tation, and resiliency, including impacts caused by agriculture, heating
     2  and cooling, and transportation. The department shall release and publi-
     3  cize on its website a draft plan no later than  nine  months  after  the
     4  effective date of this section. Following the release of the draft plan,
     5  the  department  shall conduct regional public hearings to obtain public
     6  feedback on the draft plan. The final plan will be  completed  no  later
     7  than  eighteen  months  after  the  effective  date of this section. The
     8  department shall release and publicize on its website the final plan.
     9    b. Within one year after the release of the department's final climate
    10  action plan, each state agency and public authority  shall  adopt  regu-
    11  lations  consistent  with and in furtherance of the goals of the climate
    12  action plan, and shall develop an agency  or  authority  climate  action
    13  plan,  as  appropriate, which shall be updated annually, to achieve such
    14  goals for the agency's or authority's own internal operations as well as
    15  for regulatory purposes and other actions under the purview of the agen-
    16  cy or authority.
    17    c. Within one year after the release of the department's final climate
    18  action plan, each county government and each  municipality  representing
    19  more  than  fifty  thousand  individuals shall adopt a community climate
    20  action plan. Such plans shall support the development of  community  and
    21  publicly owned renewable energy. The department shall establish a state-
    22  wide environmental and climate justice task force to work with community
    23  groups in impacted areas to assist in the development and implementation
    24  of  the  community climate action plans, focusing on low-income communi-
    25  ties and communities of color.
    26    d. The climate action plans referred to in paragraphs b and c of  this
    27  subdivision  shall  incorporate  goals  of  environmental justice and be
    28  developed with meaningful input and analysis from environmental  justice
    29  organizations.
    30    e.  The  department  shall  ensure that climate action plans developed
    31  pursuant to paragraphs b and c of this subdivision achieve  the  state's
    32  goal of one hundred percent renewable energy by two thousand thirty in a
    33  manner  that  benefits the state's most disadvantaged communities and is
    34  transparent and accountable to the public and the legislature.
    35    2. a. The state climate action plan shall  include  provisions  for  a
    36  just transition from current energy sources to clean renewable energy as
    37  described  in  subdivision  one of section 6-104 of the energy law. Such
    38  provisions shall include providing training and ensuring comparable jobs
    39  and wages to individuals presently working in the fossil  fuel  industry
    40  and in the nuclear power industry.
    41    b.  The  department,  in  conjunction  with  the New York state energy
    42  research and development authority and the commissioner of labor,  shall
    43  develop  programs  to transition workers in the fossil fuel industry and
    44  nuclear power industries into  jobs  in  the  renewable  energy  sector,
    45  including  job  training  programs, relocation assistance, higher educa-
    46  tion, and temporary financial support to extend  unemployment  benefits.
    47  Such  programs  shall also be open to workers previously employed in the
    48  fossil fuel industry who are out of work due to reduction in demand  for
    49  jobs  in  that  industry, or to people who live in communities that have
    50  been disproportionately impacted by fossil fuels as  determined  by  the
    51  commissioner. Such programs shall be funded through the renewable energy
    52  revolving  fund,  established  by  section  eighty-three-b  of the state
    53  finance law.
    54    c. The department, in conjunction  with  the  New  York  state  energy
    55  research  and development authority and the commissioner of labor, shall
    56  develop criteria for grants and low-interest loans to support the gener-

        A. 3565                             4
 
     1  ation of renewable energy and job training  programs  in  the  renewable
     2  energy  sector,  with  priority given to projects in low-income communi-
     3  ties,  communities  of  color,  immigrant  communities  and  communities
     4  disproportionately impacted by fossil fuel development.
     5    3.  a.  A state climate action council shall be established within the
     6  department for the purpose of providing recommendations to  the  depart-
     7  ment  and  relevant  state agencies and public authorities regarding the
     8  development, adoption, and implementation of the  state  climate  action
     9  plan and the agency and authority climate action plans.
    10    b. The climate action council shall:
    11    (i)  prepare  annual budget requests for climate action measures to be
    12  included in the proposed state budget;
    13    (ii) propose needed state legislation and agency and public  authority
    14  regulations.  If such regulations or laws are rejected, a written expla-
    15  nation justifying such rejection  shall  be  provided  by  the  relevant
    16  acting body along with possible alternative approaches; and
    17    (iii) recommend the overturning of any state regulations adopted after
    18  the  state climate action plan and the agency and public authority plans
    19  that are inconsistent with the state climate action plan.
    20    c. The climate action council shall consist of the following members:
    21    (i) the commissioner;
    22    (ii) the commissioner of agriculture and markets;
    23    (iii) the commissioner of economic development;
    24    (iv) the commissioner of housing and community renewal;
    25    (v) the commissioner of transportation;
    26    (vi) the chair of the public service commission;
    27    (vii) the chair of the metropolitan transportation authority;
    28    (viii) the president of the New York state energy research and  devel-
    29  opment authority;
    30    (ix) the president of the Long Island power authority;
    31    (x) the president of the power authority of the state of New York;
    32    (xi)  the  president  of  the  dormitory authority of the state of New
    33  York;
    34    (xii) the secretary of state;
    35    (xiii) the director of the budget;
    36    (xiv) the director of state operations; and
    37    (xv) the counsel to the governor.
    38    d. Additional appointments shall be made by the governor  and  leaders
    39  of  the  state  legislature  to represent the renewable energy industry,
    40  businesses, farmers, health professionals, small business,  and  academ-
    41  ics. At least one-third of the members shall represent community groups,
    42  labor  unions, environmental justice organizations, and climate advocacy
    43  groups. The temporary president of the senate and  the  speaker  of  the
    44  assembly shall each appoint two members, and the minority leaders of the
    45  senate and the assembly shall each appoint one member.
    46    e.  The  climate  action  council shall meet at least quarterly.  Each
    47  state agency and public authority shall provide the council  with  quar-
    48  terly updates of the measures taken by the agency or authority to reduce
    49  greenhouse gas emissions and promote one hundred percent clean renewable
    50  energy.
    51    f.  The council shall submit an annual report to the legislature as to
    52  its progress in achieving its goals. The assembly and  the  senate  will
    53  hold  a  joint  public  hearing  to  review the report and to provide an
    54  opportunity for public input.
    55    4. a. The department shall establish a state  renewable  energy  board
    56  and  regional  renewable  energy boards under the climate action council

        A. 3565                             5
 
     1  and shall appoint members thereto  based  upon  recommendations  by  the
     2  climate action council. The state and regional boards shall be comprised
     3  of  membership  from  organizations that represent environmental justice
     4  communities,  labor unions, environmental organizations, academics know-
     5  ledgeable about energy systems, consumer organizations,  utilities,  and
     6  businesses.  The  boards  will  be  responsible for approving utilities'
     7  clean energy compliance plans and approving and  allocating  funds  from
     8  the  state renewable energy revolving fund established by section eight-
     9  y-three-b of the state finance law.
    10    b. Within one year of the effective date of this section, each utility
    11  subject to the provisions of the public service law shall  submit  plans
    12  detailing  the  utility's  plans to comply with the goals established in
    13  section 6-104 of the energy law for  approval  to  the  state  renewable
    14  energy  board.  Each utility shall submit annual reports documenting its
    15  progress towards meeting the goals, and any proposed amendments  to  its
    16  plan. If a utility fails to meet the clean energy benchmarks established
    17  in section 6-104 of the energy law, it shall submit an updated plan that
    18  documents  how the utility will come into compliance with the benchmarks
    19  the following year.
    20    c. Any utility failing to comply with the provisions of paragraph b of
    21  this subdivision shall be fined an amount that is two times the marginal
    22  cost difference between the highest priced fossil fuel they are  burning
    23  and the lowest cost renewable energy per kilowatt hour.  Fines collected
    24  from  violations  shall  be  deposited  into  the state renewable energy
    25  revolving fund  established  by  section  eighty-three-b  of  the  state
    26  finance  law  and  used  to  develop renewable energy generation, energy
    27  efficiency, and job training programs in the  communities  where  fossil
    28  fuels  continue  to be utilized for energy. No fines collected for these
    29  violations shall be passed through to ratepayers.
    30    d. Onsite and community renewable energy  shall  be  credited  at  the
    31  retail rate of electricity for energy generated up to one hundred twenty
    32  percent  of  energy consumption at the time of installation, taken as an
    33  average of annual usage for the past five years. Energy generated beyond
    34  one hundred twenty percent shall be reimbursed at the wholesale rate. In
    35  months where energy generation exceeds usage, the  difference  shall  be
    36  credited  to  the electric bill, and at the end of the year, excess owed
    37  to the electric customer shall be paid to the customer. Any utility that
    38  captures energy generated in excess of one hundred twenty percent  shall
    39  deposit  an  amount  equal  to  the  retail price of electricity for the
    40  amount generated into the state renewable energy revolving  fund  estab-
    41  lished by section eighty-three-b of the state finance law.
    42    5. a. The commissioner shall appoint a statewide climate justice work-
    43  ing group for the following purposes:
    44    (i) to evaluate the climate action plans developed by each state agen-
    45  cy  and  public  authority  and  to advise the department on an on going
    46  basis as to progress made by respective agencies and public authorities;
    47    (ii) to consult with the department of public service and  the  public
    48  service  commission  to assess the progress made by utilities subject to
    49  the provisions of the public service law in coming into compliance  with
    50  the  state  energy  plan mandated by subdivision one of section 6-104 of
    51  the energy law and to advise the department on an on-going basis  as  to
    52  progress made by such utilities; and
    53    (iii)  to advise the department regarding measures to expand access to
    54  renewable energy in low-income and immigrant communities  in  ways  that
    55  advance environmental, climate, economic, and racial justice interests.

        A. 3565                             6
 
     1    b.  The  state  climate  justice  working  group shall be empowered to
     2  request and receive reports and other relevant  information  from  agen-
     3  cies,  public  authorities,  the  department  of  public service and the
     4  public service commission, utilities subject to the  provisions  of  the
     5  public  service law, and other entities necessary to evaluate and advise
     6  the department on plans and  progress  towards  the  transition  to  one
     7  hundred  percent  renewable  energy.  All  state  agencies, authorities,
     8  commissions and departments  shall  cooperate  with  the  state  climate
     9  justice working group in fulfilling its mandate.
    10    c. The state climate justice working group shall be comprised of thir-
    11  teen  members  who  are  residents of low-income communities or environ-
    12  mental justice communities.  Members shall serve for no more than  three
    13  four-year terms each as follows:
    14    (i) five members shall be representatives of community-based organiza-
    15  tions that advise or assist minority and low-income communities on envi-
    16  ronmental matters;
    17    (ii) four members shall be representatives of businesses involved with
    18  energy, heating and cooling, transportation and agriculture;
    19    (iii)  two members shall be representatives of environmental conserva-
    20  tion offices of local government;
    21    (iv) two members shall be representatives of state or national  organ-
    22  izations  promoting  environmental  conservation, researchers, educators
    23  and members of the general public; and
    24    (v) three of such members shall be nominated by the governor;  two  of
    25  such  members  shall  be  nominated  by  the  temporary president of the
    26  senate; two members shall be nominated by the speaker of  the  assembly;
    27  two members shall be nominated by the chairs of the senate environmental
    28  conservation  and  energy  and  telecommunications  committees;  and two
    29  members shall be nominated by the chairs of the  assembly  environmental
    30  conservation and energy committees.
    31    d.  The  department  shall  include  the  costs  of administrating and
    32  resourcing the climate  justice  working  group  in  its  annual  budget
    33  requests  to  the  legislature.  In  any given year that the legislature
    34  fails to approve adequate funding for the climate justice working  group
    35  as a distinct line item, the department shall fund the operations of the
    36  climate  justice  working  group  through  re-allocation of its approved
    37  administrative budget.
    38    6. a. Each county government and each municipality  representing  more
    39  than  fifty  thousand  individuals  shall create a local climate justice
    40  working group to evaluate the performance of the county or  municipality
    41  in  expanding access to renewable energy and to advancing environmental,
    42  climate, economic and racial justice.
    43    b. Each local climate justice working group shall:
    44    (i) issue recommendations on local plans to further the objectives  of
    45  the  state  climate  action  plan  and  implementation of these plans to
    46  achieve one hundred percent clean renewable energy; and
    47    (ii) offer endorsements or rejections of plans and reports, and  offer
    48  specific analysis of the plans' impacts on expanding access to renewable
    49  energy   and  advancing  environmental,  climate,  economic  and  racial
    50  justice.
    51    c. Each local climate justice working  group  shall  be  comprised  of
    52  residents  of  low-income communities and environmental justice communi-
    53  ties. Members shall be appointed by  local  government  consistent  with
    54  rules  adopted  by  such local government. Members shall number at least
    55  eight and no more than twelve individuals. Members shall  serve  for  no
    56  more than three four-year terms each.

        A. 3565                             7
 
     1    d.  Each  local  climate  justice  working group shall be empowered to
     2  receive reports and other relevant information  from  companies,  utili-
     3  ties,  and  other  entities  necessary to develop recommendations on the
     4  plans and their implementation.
     5    e.  The  department  shall  include  the  costs  of administrating and
     6  resourcing the local climate justice working groups in its annual budget
     7  requests to the legislature. In any  given  year  that  the  legislature
     8  fails to approve funding for the local climate justice working groups as
     9  a  distinct  line  item, the department shall fund the operations of the
    10  local climate  justice  working  groups  through  re-allocation  of  its
    11  approved administrative budget.
    12    §  4. The state finance law is amended by adding a new section 83-b to
    13  read as follows:
    14    § 83-b. State renewable energy revolving  fund.  1.  There  is  hereby
    15  established in the joint custody of the comptroller and the commissioner
    16  of taxation and finance a special fund to be known as the "state renewa-
    17  ble energy revolving fund".
    18    2.  The  fund  shall  consist  of  moneys  appropriated thereto, fines
    19  collected pursuant to paragraph c of subdivision four of section 54-1525
    20  of the environmental conservation law, and funds  transferred  from  any
    21  other fund or source.
    22    3. The comptroller shall establish the following separate and distinct
    23  accounts within the renewable energy revolving fund:
    24    a.  the  loan  fund, which shall fund grants and low-interest loans to
    25  support the generation of renewable energy and job training programs  in
    26  the  renewable  energy sector pursuant to paragraph c of subdivision two
    27  of section 54-1525 of the environmental conservation law;
    28    b. the training account, which will fund training programs  and  other
    29  benefits  for  displaced  workers pursuant to paragraph b of subdivision
    30  two of section 54-1525 of the environmental conservation law; and
    31    c. the localities assistance account, which shall reimburse localities
    32  for any revenue loss occurring from  the  shutdown  of  fossil  fuel  or
    33  nuclear  power  plants.  Such  account  shall  also  be  used to provide
    34  payments in lieu to taxes related to the siting of any renewable  energy
    35  facilities or projects.
    36    4.  Priority  in distribution among the accounts specified in subdivi-
    37  sion three of this section shall  be  given  to  the  training  account.
    38  Moneys allotted to such account shall be sufficient to ensure that every
    39  displaced  fossil  fuel  worker  and  nuclear  power worker in the state
    40  receives the opportunity to transition into jobs in the renewable energy
    41  sector.
    42    5. Revenues in the renewable energy revolving fund shall be kept sepa-
    43  rate and shall not be commingled with any other moneys in the custody of
    44  the comptroller. All deposits of such revenues shall, if required by the
    45  comptroller, be secured by obligations of the United States  or  of  the
    46  state  having  a  market  value equal at all times to the amount of such
    47  deposits and all banks and trust companies are authorized to give  secu-
    48  rity  for  such  deposits.  Any such revenues in such fund may, upon the
    49  discretion of the comptroller, be invested in obligations in  which  the
    50  comptroller  is  authorized to invest pursuant to section ninety-eight-a
    51  of this article.
    52    6. All payments of moneys from the loan account of the fund  shall  be
    53  made  on the audit and warrant of the comptroller. All payments from the
    54  training account of the fund shall be made on the audit and  warrant  of
    55  the commissioner of labor.

        A. 3565                             8
 
     1    §  5.  a.  The  attorney  general  is hereby authorized to commence an
     2  action or special proceeding in any court of competent  jurisdiction  in
     3  the  state  in  the  name  of  the  people  of  the state to enforce the
     4  provisions of this act, recover any fine  or  penalty  due  pursuant  to
     5  section 54-1525 of the environmental conservation law, or for injunctive
     6  relief  to compel compliance with the provisions of this act. All moneys
     7  recovered in any such action or special proceeding,  together  with  the
     8  costs thereof shall be paid into the state treasury to the credit of the
     9  state renewable energy revolving fund established by section 83-b of the
    10  state finance law.
    11    b.  Notwithstanding  any  law, rule or regulation to the contrary, any
    12  resident of the state of New York, over the  age  of  twenty-one,  shall
    13  have  legal  standing to sue to ensure satisfaction of the provisions of
    14  this act.
    15    § 6. This act shall take effect on the first of January next  succeed-
    16  ing the date upon which it shall have become a law.
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