Bill Text: NY A07017 | 2009-2010 | General Assembly | Amended

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Bill Title: Establishes the climate change solutions fund.

Spectrum: Strong Partisan Bill (Democrat 19-1)

Status: (Engrossed - Dead) 2010-02-23 - amended on third reading 7017a [A07017 Detail]

Download: New_York-2009-A07017-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7017--A
                                                               Cal. No. 464
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 18, 2009
                                      ___________
       Introduced  by M. of A. GIANARIS, SWEENEY, LUPARDO, ENGLEBRIGHT, COLTON,
         ROSENTHAL, JAFFEE, LIFTON, BOYLAND,  PAULIN,  GALEF,  KAVANAGH,  BING,
         SCHIMEL,  PERALTA,  CAHILL  --  Multi-Sponsored  by  -- M. of A. BALL,
         JACOBS, LATIMER, V. LOPEZ -- read once and referred to  the  Committee
         on  Environmental Conservation -- reported from committee, advanced to
         a third reading, amended and ordered reprinted, retaining its place on
         the order of third reading
       AN ACT to amend the environmental conservation law and the state finance
         law, in relation to the climate change solutions fund
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  1  of  section  19-0301 of the environmental
    2  conservation law is amended by adding a  new  paragraph  g  to  read  as
    3  follows:
    4    G.  PROVIDE  FOR THE DEPOSIT OF REVENUES FROM THE AUCTION OF ANY EMIS-
    5  SIONS ALLOWANCES FOR AIR CONTAMINANTS TO THE  CLIMATE  CHANGE  SOLUTIONS
    6  FUND ESTABLISHED BY SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
    7    S  2. The state finance law is amended by adding a new section 92-t to
    8  read as follows:
    9    S 92-T. CLIMATE CHANGE SOLUTIONS FUND. 1. THERE IS HEREBY  ESTABLISHED
   10  IN  THE  JOINT  CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF
   11  TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE  "CLIMATE  CHANGE
   12  SOLUTIONS FUND".
   13    2.  THE  CLIMATE  CHANGE  SOLUTIONS FUND SHALL CONSIST OF THE PROCEEDS
   14  COLLECTED FROM THE AUCTION OF ANY EMISSIONS ALLOWANCES FOR  AIR  CONTAM-
   15  INANTS  AS  PROVIDED FOR DEPOSIT INTO SUCH FUND UNDER SECTION 19-0301 OF
   16  THE ENVIRONMENTAL CONSERVATION LAW AND ANY INTEREST  GENERATED  BY  SUCH
   17  FUND AND ANY OTHER MONIES MADE AVAILABLE FOR SUCH PURPOSES.
   18    3.  ALL  MONIES RECEIVED BY THE COMPTROLLER FOR DEPOSIT IN THE CLIMATE
   19  CHANGE SOLUTIONS FUND SHALL BE DEPOSITED FIRST  TO  THE  CREDIT  OF  THE
   20  CLIMATE  CHANGE  TRANSFER  ACCOUNT. NO MONIES SHALL BE EXPENDED FROM ANY
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05862-04-0
       A. 7017--A                          2
    1  SUCH ACCOUNT FOR ANY PROJECT EXCEPT PURSUANT  TO  APPROPRIATION  BY  THE
    2  LEGISLATURE.
    3    A. ALL MONEYS HERETOFORE AND HEREAFTER DEPOSITED IN THE CLIMATE CHANGE
    4  TRANSFER  ACCOUNT  SHALL BE TRANSFERRED BY THE COMPTROLLER TO THE ENERGY
    5  EFFICIENCY ACCOUNT, THE RENEWABLE ENERGY DEVELOPMENT ACCOUNT, THE GREEN-
    6  HOUSE GAS EMISSION REDUCTION ACCOUNT OR THE CLEAN AIR ACCOUNT.
    7    B. MONEYS FROM THE GREENHOUSE GAS EMISSION REDUCTION ACCOUNT SHALL  BE
    8  AVAILABLE,  PURSUANT  TO  APPROPRIATION, FOR ANY GREENHOUSE GAS EMISSION
    9  REDUCTION PROJECT, AS DEFINED IN SECTION 19-1307  OF  THE  ENVIRONMENTAL
   10  CONSERVATION LAW.
   11    C.  MONEYS  FROM  THE  ENERGY  EFFICIENCY  ACCOUNT SHALL BE AVAILABLE,
   12  PURSUANT TO APPROPRIATION FOR ANY ENERGY EFFICIENCY PROJECT  AS  DEFINED
   13  IN SECTION 19-1309 OF THE ENVIRONMENTAL CONSERVATION LAW.
   14    D.  MONEYS  FROM  THE  RENEWABLE  ENERGY  DEVELOPMENT ACCOUNT SHALL BE
   15  AVAILABLE, PURSUANT TO APPROPRIATION, FOR ANY RENEWABLE ENERGY  DEVELOP-
   16  MENT PROJECT, AS DEFINED IN SECTION 19-1311 OF THE ENVIRONMENTAL CONSER-
   17  VATION LAW.
   18    E.  MONEYS  FROM THE CLEAN AIR ACCOUNT SHALL BE AVAILABLE, PURSUANT TO
   19  APPROPRIATION, FOR ANY CLEAN  AIR  TECHNOLOGY  PROJECT,  AS  DEFINED  IN
   20  SECTION 19-1313 OF THE ENVIRONMENTAL CONSERVATION LAW.
   21    4.  MONEYS IN THE CLIMATE CHANGE SOLUTIONS FUND SHALL BE KEPT SEPARATE
   22  AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF  THE
   23  COMPTROLLER.
   24    5. ALL PAYMENTS OF MONEYS FROM THE FUND SHALL BE MADE ON THE AUDIT AND
   25  THE WARRANT OF THE COMPTROLLER.
   26    S  3.  This act shall take effect immediately or on the same date as a
   27  chapter of the laws of 2010,  amending  the  environmental  conservation
   28  law,  relating to establishing the climate change solutions program act,
   29  as proposed in legislative bill number A.6321-A, takes effect, whichever
   30  is later.