NY State Senate Bill 2009-S2764

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to environmental conservation
May 05, 2009	reported and committed to finance
Mar 02, 2009	referred to environmental conservation

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2009-S2764 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 19 Title 13 §§19-1301 - 19-1313, En Con L

2009-S2764 (ACTIVE) - Summary

Enacts the climate change solutions program act; relates to greenhouse gas emissions reduction programs and energy efficiency programs; establishes powers and duties of the commissioner of environmental conservation with respect to the climate change solutions program.

2009-S2764 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2764

 TITLE OF BILL :

An act to amend the environmental conservation law, in relation to
establishing the climate change solutions program act


 PURPOSE OR GENERAL IDEA OF BILL :

This bill would dedicate any funds raised from the auction of
emissions allowances, specifically those associated with the Regional
Greenhouse Gas Initiative (RGGI), primarily for the purposes of
supporting energy efficiency programs, as well as programs that
encourage the development of clean, renewable sources of energy, and
programs to advance the state's other air quality goals.

 SUMMARY OF SPECIFIC PROVISIONS :

This bill would enact the Climate Change Solutions Program Act, which
would:

* provide for detailed programmatic and financial reporting
requirements on the use of funds received from the auction of
emissions allowances;

* establish a Greenhouse Gas Emissions Reduction Program within the
Department of Environmental Conservation (DEC) that would make state
assistance payments available, on a competitive basis, to
municipalities and not-for-profit corporations to install cogeneration
systems, purchase clean-fueled vehicles or retrofit existing vehicle
fleets to become clean-fueled vehicles, and retrofit existing furnaces
and boilers with high efficiency systems that meet certain
specifications;

* establish a statutory Energy Efficiency Program within the New York
State Energy Research and Development Authority (NYSERDA) that would
make financial assistance available, on a competitive basis, to any
electric utility customer to undertake electric energy efficiency
projects, provided that priority would be given to projects that
result in the highest electricity savings or are conducted in lower
income communities;

* establish a statutory Renewable Energy Development Program within
NYSERDA that would make financial assistance available, on a
competitive basis, to any electric utility customer to install or
operate technologies that convert energy sources such as solar, wind
or tidal energy into electricity; and

* establish a Clean Air Technology Program within NYSERDA that would
make state assistance payments available, on a competitive basis, to
municipalities to retrofit vehicles with best available emission
control devices.

 JUSTIFICATION :

Global climate change threatens the environment, natural resources and
economy of New York State. In an effort to reduce its contribution to
global warming, the state has led the way in developing RGGI, a nine
state cap and trade program to stabilize and reduce carbon dioxide
emissions from electric generating facilities. In New York, one
hundred percent of its carbon dioxide emissions allowance budget will
be auctioned for consumer benefit. Proceeds from these auctions should
primarily be invested in energy efficiency initiatives, as well as
programs that increase the state's investment in clean renewable

sources of energy and programs that help meet the state's other air
quality goals.

Increased investment in energy efficiency will result in decreased
local and statewide electricity demand and protect New Yorkers from
the harmful effects of air pollution created by fossil fuel-fired
power plants.  These harmful effects include asthma attacks and
premature deaths in seniors, increased levels of mercury
contamination, destruction of our forest ecosystems by acid rain, as
well as wide ranging negative effects associated with climate change.

In addition, investment in energy efficiency will drive down the cost
of implementing the RGGI and its impacts on consumer energy bills.
Estimates provided for the states implementing RGGI show that doubling
energy efficiency spending would reduce annual household bills in the
region by $66 in 2015 and by $109 in 2021.

Dedicating, these funds for the purposes outlined in this bill will
ensure that New Yorkers realize the maximum public benefit from RGGI.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

Subject to appropriation.

 EFFECTIVE DATE :
Immediately or on the same date as a chapter of the laws of 2009
creating climate change solutions fund, whichever is later.

2009-S2764 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2764

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 2, 2009
                               ___________

Introduced  by Sen. THOMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  establishing the climate change solutions program act

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings. The legislature  finds  and  declares
that  global climate change threatens the environment, natural resources
and economy of New York state. In an effort to reduce  its  contribution
to  global  climate  change,  the  state has led the way in developing a
region-wide cap and trade program to stabilize and reduce carbon dioxide
emissions from electric generating facilities. In New York, one  hundred
percent  of the state's emissions allowance budget will be auctioned for
consumer benefit.  The legislature finds that the proceeds from auctions
should primarily be invested in energy efficiency and  energy  conserva-
tion  programs, as well as programs that increase the state's investment
in clean renewable sources of energy and programs  that  help  meet  the
state's other air quality goals.
  S  2.  Article  19 of the environmental conservation law is amended by
adding a new title 13 to read as follows:
                                TITLE 13
                  CLIMATE CHANGE SOLUTIONS PROGRAM ACT
SECTION 19-1301. SHORT TITLE.
        19-1303. DEFINITIONS.
        19-1305. POWERS AND DUTIES OF THE COMMISSIONER.
        19-1307. GREENHOUSE GAS EMISSIONS REDUCTION PROGRAM.
        19-1309. ENERGY EFFICIENCY PROGRAM.
        19-1311. RENEWABLE ENERGY DEVELOPMENT PROGRAM.
        19-1313. CLEAN AIR TECHNOLOGY PROGRAM.
S 19-1301. SHORT TITLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02939-01-9

S. 2764                             2

  THIS TITLE SHALL BE KNOWN AND MAY  BE  CITED  AS  THE  CLIMATE  CHANGE
SOLUTIONS PROGRAM ACT.
S 19-1303. DEFINITIONS.
  AS USED IN THIS TITLE:
  1.  "AUTHORITY"  SHALL  MEAN THE STATE ENERGY RESEARCH AND DEVELOPMENT
AUTHORITY, CONTINUED BY SECTION EIGHTEEN HUNDRED FIFTY-TWO OF THE PUBLIC
AUTHORITIES LAW.
  2.  "MUNICIPALITY"  MEANS  A  COUNTY,  CITY,  TOWN,  VILLAGE,   SCHOOL
DISTRICT,  OR  INDIAN TRIBE OR NATION RESIDING WITHIN NEW YORK STATE, OR
ANY COMBINATION THEREOF.
  3. "NOT-FOR-PROFIT CORPORATION" MEANS A CORPORATION FORMED PURSUANT TO
THE NOT-FOR-PROFIT CORPORATION LAW AND QUALIFIED FOR  TAX-EXEMPT  STATUS
UNDER THE FEDERAL INTERNAL REVENUE CODE.
  4. "STATE ASSISTANCE PAYMENT" MEANS PAYMENT OF MONIES BY THE STATE FOR
PROJECTS  AUTHORIZED  BY  THE  CLIMATE CHANGE SOLUTIONS FUND PURSUANT TO
SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
S 19-1305. POWERS AND DUTIES OF THE COMMISSIONER.
  IN ADMINISTERING THE PROVISIONS OF THIS TITLE, THE COMMISSIONER:
  1.  SHALL  MAKE  AN  ITEMIZED  ESTIMATE  OF  FUNDS  OR  APPROPRIATIONS
REQUESTED ANNUALLY FOR INCLUSION IN THE EXECUTIVE BUDGET;
  2.  MAY,  IN  THE  NAME  OF THE STATE, AS FURTHER PROVIDED WITHIN THIS
TITLE, CONTRACT TO MAKE, WITHIN THE LIMITATIONS OF APPROPRIATIONS AVAIL-
ABLE THEREFOR, STATE ASSISTANCE PAYMENTS TO MUNICIPALITIES AND  NOT-FOR-
PROFIT  CORPORATIONS  TOWARD THE COST OF ELIGIBLE ACTIVITIES PURSUANT TO
THIS TITLE. SUCH CONTRACTS SHALL BE SUBJECT TO  APPROVAL  BY  THE  STATE
COMPTROLLER AND, AS TO FORM, BY THE ATTORNEY GENERAL;
  3.  SHALL  APPROVE  VOUCHERS  FOR  THE  PAYMENTS  PURSUANT TO APPROVED
CONTRACT. ALL SUCH PAYMENTS SHALL BE PAID ON THE AUDIT  AND  WARRANT  OF
THE STATE COMPTROLLER;
  4.  NO LATER THAN THIRTY DAYS AFTER THE END OF EACH CALENDAR YEAR, THE
COMMISSIONER SHALL REPORT TO THE GOVERNOR, THE  TEMPORARY  PRESIDENT  OF
THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE SENATE FINANCE
COMMITTEE  AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE ON THE
IMPLEMENTATION OF THE CLIMATE CHANGE SOLUTIONS PROGRAM  AND  SHALL  MAKE
SUCH  REPORT  AVAILABLE  ON THE DEPARTMENT'S WEBSITE. THE DEPARTMENT MAY
CONSULT OTHER STATE DEPARTMENTS, AGENCIES  AND  PUBLIC  AUTHORITIES  FOR
INFORMATION  AS  MAY  BE  REQUIRED IN THE PREPARATION OF SUCH REPORT AND
SUCH STATE DEPARTMENTS AND AGENCIES AND AUTHORITIES SHALL  PROVIDE  DATA
AND ASSISTANCE AS APPROPRIATE. SUCH REPORT SHALL INCLUDE:
  A.  AN  ASSESSMENT  OF THE EFFECTIVENESS OF THE PROGRAM, INCLUDING THE
ESTIMATED  GREENHOUSE  GAS  REDUCTION  RESULTING  FROM  THE   ACTIVITIES
DESCRIBED  IN  THIS TITLE, THE ESTIMATED IMPACT ON CONSUMER ELECTRIC AND
HEATING BILLS, AND THE PROGRAM'S OVERALL IMPACT ON ENERGY DEMAND;
  B. A DETAILED LISTING OF FUND RECEIPTS INCLUDING:
  (I) ALLOWANCE TRADING PRICES,
  (II) TOTAL QUARTERLY RECEIPTS,
  (III) TOTAL ANNUAL RECEIPTS, AND
  (IV) TOTAL LIFE-TO-DATE RECEIPTS;
  C. A DETAILED DESCRIPTION OF EXPENDITURES INCLUDING:
  (I) TOTAL APPROPRIATIONS,
  (II) TOTAL PROJECT COSTS,
  (III) TOTAL COMMITMENTS,
  (IV) TOTAL OUTSTANDING ENCUMBRANCES,
  (V) TOTAL YEAR-TO-DATE DISBURSEMENTS,
  (VI) TOTAL LIFE-TO-DATE DISBURSEMENTS, AND
  (VII) THE TOTAL REMAINING UNCOMMITTED FUND BALANCE; AND

S. 2764                             3

  5. MAY PERFORM SUCH OTHER AND FURTHER ACTS AS MAY BE NECESSARY, PROPER
OR DESIRABLE TO CARRY OUT THE PROVISIONS OF THIS TITLE.
S 19-1307. GREENHOUSE GAS EMISSIONS REDUCTION PROGRAM.
  1. AS USED IN THIS SECTION:
  A.  "CLEAN-FUELED  VEHICLE" SHALL MEAN ANY MOTOR VEHICLE AS DEFINED IN
SECTION ONE HUNDRED TWENTY-FIVE OF THE VEHICLE  AND  TRAFFIC  LAW,  THAT
USES  ELECTRICITY,  INCLUDING  ELECTRICITY  EITHER  STORED  OR GENERATED
ON-BOARD, AS ITS PRIMARY MOTIVE FORCE, OR THAT IS FUELED BY NATURAL GAS,
PROPANE, OR HYDROGEN.
  B. "COSTS" MEAN  THE  CAPITAL  COST  OF  A  GREENHOUSE  GAS  EMISSIONS
REDUCTION PROJECT INCLUDING BUT NOT LIMITED TO ENGINEERING AND ARCHITEC-
TURAL  SERVICES, SURVEYS, PLANS AND SPECIFICATIONS; CONSULTANT AND LEGAL
SERVICES.
  C. "GREENHOUSE GAS EMISSION REDUCTION PROJECTS" MEAN THE PURCHASE  AND
INSTALLATION OF GREENHOUSE GAS EMISSION REDUCTION TECHNOLOGIES.
  D.  "GREENHOUSE GAS EMISSION REDUCTION TECHNOLOGIES" SHALL INCLUDE BUT
NOT BE LIMITED TO:
  (I) COGENERATION TECHNOLOGIES, WHICH SHALL MEAN ANY ONE OF THE SEVERAL
TECHNOLOGIES WHEREIN WASTE HEAT FROM ON-SITE ELECTRIC GENERATION PROCESS
IS RECOVERED TO PROVIDE STEAM OR HOT WATER TO MEET ON-SITE  NEEDS,  SUCH
AS  HEATING  AND/OR  AIR  CONDITIONING  AND WHICH ATTAINS OVERALL SYSTEM
EFFICIENCY AS ESTABLISHED BY THE DEPARTMENT,  CONSIDERING  BOTH  THERMAL
AND ELECTRICAL PROCESSES TOGETHER;
  (II)  FURNACE AND BOILER REPLACEMENTS AND RETROFITS, PROVIDED THAT NEW
OR RETROFITTED FURNACES AND BOILERS SHALL NOT AT  ANY  TIME  OPERATE  ON
DIESEL FUEL WITH A SULFUR CONTENT GREATER THAN 0.05 PERCENT BY WEIGHT;
  (III)  THE  PURCHASE  OF  CLEAN  FUELED  VEHICLES OR THE CONVERSION OF
EXISTING VEHICLES TO CLEAN FUELED VEHICLES; AND
  (IV) OTHER MEASURES  THAT  WILL  REDUCE  THE  DEMAND  FOR  AND/OR  THE
CONSUMPTION  OF ENERGY, INCLUDING FUELS, AS DETERMINED BY THE DEPARTMENT
IN CONSULTATION WITH THE AUTHORITY.
  2. THE DEPARTMENT IS AUTHORIZED, WITHIN AMOUNTS APPROPRIATED, TO  MAKE
STATE ASSISTANCE PAYMENTS ON A COMPETITIVE BASIS FOR APPROVED GREENHOUSE
GAS  EMISSIONS  REDUCTION  PROJECTS TO MUNICIPALITIES AND NOT-FOR-PROFIT
CORPORATIONS.
  3. ANY MUNICIPALITY OR NOT-FOR-PROFIT CORPORATION UPON APPROVAL OF ITS
GOVERNING BODY MAY SUBMIT AN APPLICATION TO THE DEPARTMENT IN SUCH  FORM
CONTAINING  SUCH  INFORMATION  AS  THE  DEPARTMENT MAY REQUIRE FOR STATE
ASSISTANCE PAYMENTS FOR THE COSTS OF GREENHOUSE GAS  EMISSION  REDUCTION
PROJECTS.
  4. TO THE FULLEST EXTENT PRACTICABLE, IT IS THE POLICY OF THE STATE TO
PROMOTE  AN  EQUITABLE REGIONAL DISTRIBUTION OF GREENHOUSE GAS REDUCTION
PROJECTS, PROVIDED THAT PRIORITY SHALL BE GIVEN TO PROJECTS THAT  RESULT
IN THE HIGHEST GREENHOUSE GAS EMISSION REDUCTIONS.
  5.  STATE ASSISTANCE PAYMENTS SHALL NOT EXCEED SEVENTY-FIVE PERCENT OF
THE COSTS OF THE PROJECT, PROVIDED THAT FOR THE PURPOSES OF THIS SECTION
ANY OTHER MONIES OF THE AUTHORITY OR THE DEPARTMENT MAY NOT BE USED  FOR
THE  LOCAL  SHARE.  SUCH  COSTS  ARE SUBJECT TO FINAL COMPUTATION BY THE
COMMISSIONER UPON COMPLETION OF THE PROJECT AND  SHALL  NOT  EXCEED  THE
MAXIMUM ELIGIBLE COST SET FORTH IN THE CONTRACT.
  6.  THE  DEPARTMENT  SHALL  REVIEW  SUCH APPLICATIONS AND MAY APPROVE,
DISAPPROVE OR RECOMMEND MODIFICATIONS THERETO CONSISTENT WITH APPLICABLE
LAW.
S 19-1309. ENERGY EFFICIENCY PROGRAM.
  1. AS USED IN THIS SECTION:

S. 2764                             4

  A. "COST" SHALL MEAN THE CAPITAL COST OF AN ENERGY EFFICIENCY  PROJECT
INCLUDING  BUT  NOT  LIMITED  TO ENGINEERING AND ARCHITECTURAL SERVICES,
PLANS AND SPECIFICATIONS, CONSULTANT AND LEGAL SERVICES.
  B.  "ENERGY EFFICIENCY PROJECTS" SHALL MEAN THE PURCHASE AND INSTALLA-
TION OF ENERGY EFFICIENCY TECHNOLOGIES THAT WILL REDUCE THE  CONSUMPTION
OF ELECTRICITY AT NEW OR EXISTING BUILDINGS.
  C.  "ENERGY  EFFICIENCY  TECHNOLOGIES"  SHALL  MEAN  TECHNOLOGIES THAT
REDUCE THE CONSUMPTION OF ELECTRICITY INCLUDING BUT NOT LIMITED TO:
  (I) REPLACEMENT OF INEFFICIENT LIGHTING FIXTURES;
  (II) APPLIANCES AND EQUIPMENT THAT MEET ENERGY EFFICIENCY  PERFORMANCE
STANDARDS  AS  IDENTIFIED IN CHAPTER FOUR HUNDRED THIRTY-ONE OF THE LAWS
OF TWO THOUSAND FIVE; AND
  (III) OTHER SUCH MEASURES THAT WILL REDUCE THE DEMAND FOR  AND/OR  THE
CONSUMPTION OF ELECTRICITY AS DETERMINED BY THE AUTHORITY.
  D.  "FINANCIAL  ASSISTANCE"  MEANS  STATE  ASSISTANCE PAYMENTS, LOANS,
INTEREST SUBSIDIES, ZERO PERCENT INTEREST LOANS, AND/OR ENERGY  PERFORM-
ANCE  CONTRACTS,  AS DEFINED IN SUBDIVISION FOUR OF SECTION 9-102 OF THE
ENERGY LAW.
  2. THE AUTHORITY IN CONSULTATION WITH  THE  DEPARTMENT  IS  AUTHORIZED
WITHIN  AMOUNTS  APPROPRIATED,  TO  PROVIDE  FINANCIAL  ASSISTANCE  ON A
COMPETITIVE BASIS FOR APPROVED ENERGY EFFICIENCY PROJECTS.
  3. ANY NEW YORK ELECTRIC UTILITY CUSTOMER MAY SUBMIT AN APPLICATION TO
THE AUTHORITY FOR THE COST OF ENERGY EFFICIENCY PROJECTS  IN  SUCH  FORM
CONTAINING SUCH INFORMATION AS THE AUTHORITY MAY REQUIRE.
  4. PRIORITY SHALL BE GIVEN TO PROJECTS THAT:
  A. ESTIMATE THE HIGHEST AMOUNT OF ENERGY SAVINGS AS MEASURED AGAINST A
THREE YEAR BASELINE; OR
  B.  ARE  CONDUCTED IN (I) AREAS WITH CENSUS TRACTS AND BLOCK NUMBERING
AREAS WHICH, AS OF THE TWO THOUSAND CENSUS HAVE A  POVERTY  RATE  OF  AT
LEAST TWENTY PERCENT FOR THE YEAR TO WHICH THE DATA RELATE OR (II) AREAS
WITH  AN  UNEMPLOYMENT  RATE  OF  AT LEAST ONE AND ONE-QUARTER TIMES THE
STATEWIDE UNEMPLOYMENT RATE FOR THE YEAR TO WHICH THE DATA RELATE.
  THE AUTHORITY SHALL ESTABLISH ADDITIONAL INCOME AND OTHER  ELIGIBILITY
CRITERIA  TO  PROMOTE  AN  EQUITABLE  DISTRIBUTION  OF ENERGY EFFICIENCY
PROJECTS THROUGHOUT THE STATE. SUCH CRITERIA SHALL SEEK TO  ENSURE  THAT
PROJECTS  ARE  CONDUCTED  IN LOW-INCOME COMMUNITIES THROUGHOUT THE STATE
AND THAT LOW AND MIDDLE CLASS RESIDENTIAL CUSTOMERS  RECEIVE  ACCESS  TO
SUCH PROJECT FUNDING.
  5.  STATE ASSISTANCE PAYMENTS SHALL NOT EXCEED SEVENTY-FIVE PERCENT OF
THE COSTS OF THE PROJECT, PROVIDED THAT FOR THE PURPOSES OF THIS SECTION
ANY OTHER MONIES OF THE AUTHORITY OR THE DEPARTMENT MAY NOT BE USED  FOR
THE  LOCAL  SHARE.  OTHER  FINANCIAL  ASSISTANCE SHALL NOT EXCEED LIMITS
ESTABLISHED IN RULES AND REGULATIONS  DEVELOPED  BY  THE  AUTHORITY  AND
SUBJECT TO THE APPROVAL OF THE DEPARTMENT.
  6.  PRIOR  TO  PROCESSING APPLICATIONS FOR FINANCIAL ASSISTANCE TOWARD
THE COST OF ENERGY EFFICIENCY PROJECTS, THE PRESIDENT OF  THE  AUTHORITY
SHALL PROMULGATE, IN CONSULTATION WITH THE COMMISSIONER, RULES AND REGU-
LATIONS  WHICH  SHALL INCLUDE CRITERIA FOR DETERMINING ELIGIBLE EXPENDI-
TURES AND PROCEDURES FOR GOVERNING THE COMMITMENT  AND  DISBURSEMENT  OF
FINANCIAL ASSISTANCE IN ACCORDANCE WITH THIS SECTION.
  7. SUCH COSTS ARE SUBJECT TO FINAL COMPUTATION BY THE PRESIDENT OF THE
AUTHORITY  UPON COMPLETION OF THE PROJECT AND SHALL NOT EXCEED THE MAXI-
MUM ELIGIBLE COST SET FORTH IN THE CONTRACT.
  8. THE AUTHORITY SHALL  REVIEW  SUCH  APPLICATIONS  AND  MAY  APPROVE,
DISAPPROVE OR RECOMMEND MODIFICATIONS THERETO CONSISTENT WITH APPLICABLE
LAW.

S. 2764                             5

S 19-1311. RENEWABLE ENERGY DEVELOPMENT PROGRAM.
  1. AS USED IN THIS SECTION:
  A.  "COST"  SHALL MEAN THE CAPITAL COST OF A RENEWABLE ENERGY DEVELOP-
MENT PROJECT INCLUDING BUT NOT LIMITED TO ENGINEERING AND  ARCHITECTURAL
SERVICES,  SURVEYS,  PLANS  AND  SPECIFICATIONS;  CONSULTANT  AND  LEGAL
SERVICES.
  B. "FINANCIAL ASSISTANCE" SHALL MEAN STATE ASSISTANCE PAYMENTS  AND/OR
PERFORMANCE  BASED  INCENTIVES  THAT  ARE DIRECTLY PROPORTIONAL TO REAL,
VERIFIED KWH PRODUCTION GENERATED BY THE RENEWABLE ELECTRIC POWER  TECH-
NOLOGY.
  C.  "RENEWABLE  ENERGY  DEVELOPMENT  PROJECTS"  MEAN  THE PURCHASE AND
INSTALLATION OF TECHNOLOGIES DESIGNED TO CONVERT RENEWABLE  ENERGY  INTO
ELECTRICITY  OR  OTHER  END USES, WHERE RENEWABLE ENERGY INCLUDES SOLAR,
WIND, TIDAL, FUEL CELL, GEOTHERMAL AND HYDROGEN, BUT  DOES  NOT  INCLUDE
COMBUSTION  OR PYROLOSIS OF SOLID WASTE AS DEFINED IN SECTION 27-0701 OF
THIS CHAPTER OR ELECTRICITY GENERATED FROM NUCLEAR POWER PLANTS.
  2. THE AUTHORITY IN CONSULTATION WITH THE  DEPARTMENT  IS  AUTHORIZED,
WITHIN  AMOUNTS  APPROPRIATED,  TO  PROVIDE  FINANCIAL  ASSISTANCE  ON A
COMPETITIVE BASIS FOR APPROVED RENEWABLE ENERGY DEVELOPMENT PROJECTS.
  3. ANY NEW YORK ELECTRIC UTILITY CUSTOMER MAY SUBMIT AN APPLICATION TO
THE AUTHORITY FOR THE COST OF RENEWABLE ENERGY DEVELOPMENT  PROJECTS  OR
PERFORMANCE BASED INCENTIVES IN SUCH FORM CONTAINING SUCH INFORMATION AS
THE AUTHORITY MAY REQUIRE.
  4.  STATE  ASSISTANCE  PAYMENTS SHALL NOT EXCEED NINETY PERCENT OF THE
COSTS OF THE PROJECT, PROVIDED THAT FOR THE PURPOSES OF THIS SECTION ANY
OTHER MONIES OF THE AUTHORITY OR THE DEPARTMENT MAY NOT BE USED FOR  THE
LOCAL  SHARE.  OTHER FINANCIAL ASSISTANCE SHALL NOT EXCEED LIMITS ESTAB-
LISHED IN RULES AND REGULATIONS DEVELOPED BY THE AUTHORITY  AND  SUBJECT
TO THE APPROVAL OF THE DEPARTMENT.
  5. SUCH COSTS ARE SUBJECT TO FINAL COMPUTATION BY THE PRESIDENT OF THE
AUTHORITY  UPON COMPLETION OF THE PROJECT AND SHALL NOT EXCEED THE MAXI-
MUM ELIGIBLE COST SET FORTH IN THE CONTRACT.
  6. THE AUTHORITY SHALL  REVIEW  SUCH  APPLICATIONS  AND  MAY  APPROVE,
DISAPPROVE OR RECOMMEND MODIFICATIONS THERETO CONSISTENT WITH APPLICABLE
LAW.
S 19-1313. CLEAN AIR TECHNOLOGY PROGRAM.
  1. AS USED IN THIS SECTION:
  A.  "BEST AVAILABLE CONTROL TECHNOLOGIES" SHALL MEAN A VERIFIED DIESEL
EMISSION CONTROL DEVICE THAT ACHIEVES A PARTICULATE MATTER (PM) EMISSION
REDUCTION OF EIGHTY-FIVE PERCENT OR MORE FROM UNCONTROLLED ENGINE  EMIS-
SION  LEVELS,  OR  THAT  REDUCES EMISSIONS TO LESS THAN OR EQUAL TO 0.01
GRAMS OF PM PER  BRAKE  HORSEPOWER-HOUR.  BEST  AVAILABLE  CONTROL  ALSO
INCLUDES  REPOWERING  OR  REPLACING  THE  EXISTING DIESEL ENGINE WITH AN
ENGINE MEETING USEPA'S 2007 HEAVY-DUTY HIGHWAY DIESEL STANDARDS,  OR  IN
THE  CASE  OF  A  NON-ROAD  ENGINE, AN ENGINE MEETING THE USEPA'S TIER 4
NON-ROAD DIESEL STANDARDS; BEST  AVAILABLE  CONTROL  ALSO  INCLUDES  NEW
DIESEL ENGINES MEETING SAID EMISSIONS STANDARDS.
  B. "CARB" MEANS THE CALIFORNIA AIR RESOURCES BOARD.
  C. "CLEAN AIR TECHNOLOGY PROJECTS" SHALL MEAN PROJECTS TO PURCHASE AND
INSTALL BEST AVAILABLE CONTROL TECHNOLOGIES, PROVIDED THAT THE AUTHORITY
SHALL  ALSO  REQUIRE  THE APPLICANT TO INSTALL A CLOSED CRANKCASE VENTI-
LATION SYSTEM ON ALL ENGINES.
  D. "CLOSED CRANKCASE VENTILATION SYSTEM" OR "CCV" SHALL MEAN EQUIPMENT
THAT COMPLETELY CLOSES THE CRANKCASE OF A DIESEL ENGINE  TO  THE  ATMOS-
PHERE  AND ROUTES THE CRANKCASE VAPOR TO THE ENGINE INTAKE AIR SYSTEM OR
THE EXHAUST SYSTEM.

S. 2764                             6

  E. "USEPA" MEANS THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.
  F. "VERIFIED DIESEL EMISSION CONTROL DEVICE" MEANS AN EMISSION CONTROL
DEVICE  OR STRATEGY THAT HAS BEEN VERIFIED TO ACHIEVE A SPECIFIED DIESEL
PM REDUCTION BY USEPA OR CARB; OR  REPLACEMENT  OR  REPOWERING  WITH  AN
ENGINE  THAT  IS CERTIFIED TO SPECIFIC PM EMISSIONS PERFORMANCE BY USEPA
OR CARB.
  2. THE AUTHORITY IN CONSULTATION WITH THE  DEPARTMENT  IS  AUTHORIZED,
WITHIN  AMOUNTS  APPROPRIATED,  TO  MAKE  STATE ASSISTANCE PAYMENTS ON A
COMPETITIVE BASIS TO APPROVED CLEAN AIR TECHNOLOGY PROJECTS.
  3. ANY MUNICIPALITY UPON APPROVAL OF ITS GOVERNING BODY MAY SUBMIT  AN
APPLICATION  TO  THE DEPARTMENT IN SUCH FORM CONTAINING SUCH INFORMATION
AS THE DEPARTMENT MAY REQUIRE FOR  STATE  ASSISTANCE  PAYMENTS  FOR  THE
COSTS OF CLEAN AIR TECHNOLOGY PROJECTS.
  4.  STATE  ASSISTANCE  PAYMENTS SHALL NOT EXCEED NINETY PERCENT OF THE
COSTS OF THE PROJECT, PROVIDED THAT FOR THE PURPOSES OF THIS SECTION ANY
OTHER MONIES OF THE AUTHORITY MAY NOT BE USED FOR THE LOCAL SHARE.
  5. SUCH COSTS ARE SUBJECT TO FINAL COMPUTATION BY THE PRESIDENT OF THE
AUTHORITY UPON COMPLETION OF THE PROJECT AND SHALL NOT EXCEED THE  MAXI-
MUM ELIGIBLE COST SET FORTH IN THE CONTRACT.
  6.  THE  AUTHORITY  SHALL  REVIEW  SUCH  APPLICATIONS AND MAY APPROVE,
DISAPPROVE OR RECOMMEND MODIFICATIONS THERETO CONSISTENT WITH APPLICABLE
LAW.
  S 3. This act shall take effect immediately or on the same date  as  a
chapter  of the laws of 2009 entitled "AN ACT to amend the environmental
conservation law and the state finance law, in relation to  the  climate
change solutions fund" takes effect, whichever is later.

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Senate Bill S2764

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Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

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2009-S2764 (ACTIVE) - Details

2009-S2764 (ACTIVE) - Summary

2009-S2764 (ACTIVE) - Sponsor Memo

2009-S2764 (ACTIVE) - Bill Text download pdf

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Senate Bill S2764

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Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Actions

co-Sponsors

2009-S2764 (ACTIVE) - Details

2009-S2764 (ACTIVE) - Summary

2009-S2764 (ACTIVE) - Sponsor Memo

2009-S2764 (ACTIVE) - Bill Text download pdf

Comments