S T A T E O F N E W Y O R K
________________________________________________________________________
2781
2015-2016 Regular Sessions
I N S E N A T E
January 29, 2015
___________
Introduced by Sens. KRUEGER, HOYLMAN -- 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; and to amend
the state finance law, in relation to establishing the climate change
solutions fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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.
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05550-01-5
S. 2781 2
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-GG 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
CONTRACTS. 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
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.
S. 2781 3
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:
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 ARTICLE SIXTEEN OF THE ENERGY LAW; AND
(III) OTHER SUCH MEASURES THAT WILL REDUCE THE DEMAND FOR AND/OR THE
CONSUMPTION OF ELECTRICITY AS DETERMINED BY THE AUTHORITY.
S. 2781 4
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 TEN 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 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
S. 2781 5
COMBUSTION OR PYROLIZATION 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.
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.
S. 2781 6
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 2. Subdivision 1 of section 19-0301 of the environmental conserva-
tion law is amended by adding a new paragraph g to read as follows:
G. PROVIDE FOR THE DEPOSIT OF REVENUES FROM THE AUCTION OF ANY EMIS-
SIONS ALLOWANCES FOR AIR CONTAMINANTS TO THE CLIMATE CHANGE SOLUTIONS
FUND ESTABLISHED BY SECTION NINETY-TWO-GG OF THE STATE FINANCE LAW.
S 3. The state finance law is amended by adding a new section 92-gg to
read as follows:
S 92-GG. CLIMATE CHANGE SOLUTIONS FUND. 1. THERE IS HEREBY ESTABLISHED
IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF
TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "CLIMATE CHANGE
SOLUTIONS FUND".
2. THE CLIMATE CHANGE SOLUTIONS FUND SHALL CONSIST OF THE PROCEEDS
COLLECTED FROM THE AUCTION OF ANY EMISSIONS ALLOWANCES FOR AIR CONTAM-
INANTS AS PROVIDED FOR DEPOSIT INTO SUCH FUND UNDER TITLE THIRTEEN OF
ARTICLE NINETEEN OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY INTEREST
GENERATED BY SUCH FUND AND ANY OTHER MONIES MADE AVAILABLE FOR SUCH
PURPOSES.
3. ALL MONIES RECEIVED BY THE COMPTROLLER FOR DEPOSIT IN THE CLIMATE
CHANGE SOLUTIONS FUND SHALL BE DEPOSITED FIRST TO THE CREDIT OF THE
CLIMATE CHANGE TRANSFER ACCOUNT. NO MONIES SHALL BE EXPENDED FROM ANY
SUCH ACCOUNT FOR ANY PROJECT EXCEPT PURSUANT TO APPROPRIATION BY THE
LEGISLATURE.
A. ALL MONEYS HERETOFORE AND HEREAFTER DEPOSITED IN THE CLIMATE CHANGE
TRANSFER ACCOUNT SHALL BE TRANSFERRED BY THE COMPTROLLER TO THE ENERGY
EFFICIENCY ACCOUNT, THE RENEWABLE ENERGY DEVELOPMENT ACCOUNT, THE GREEN-
HOUSE GAS EMISSION REDUCTION ACCOUNT OR THE CLEAN AIR ACCOUNT.
B. MONEYS FROM THE GREENHOUSE GAS EMISSION REDUCTION ACCOUNT SHALL BE
AVAILABLE, PURSUANT TO APPROPRIATION, FOR ANY GREENHOUSE GAS EMISSION
REDUCTION PROJECT, AS DEFINED IN SECTION 19-1307 OF THE ENVIRONMENTAL
CONSERVATION LAW.
C. MONEYS FROM THE ENERGY EFFICIENCY ACCOUNT SHALL BE AVAILABLE,
PURSUANT TO APPROPRIATION FOR ANY ENERGY EFFICIENCY PROJECT AS DEFINED
IN SECTION 19-1309 OF THE ENVIRONMENTAL CONSERVATION LAW.
D. MONEYS FROM THE RENEWABLE ENERGY DEVELOPMENT ACCOUNT SHALL BE
AVAILABLE, PURSUANT TO APPROPRIATION, FOR ANY RENEWABLE ENERGY DEVELOP-
MENT PROJECT, AS DEFINED IN SECTION 19-1311 OF THE ENVIRONMENTAL CONSER-
VATION LAW.
E. MONEYS FROM THE CLEAN AIR ACCOUNT SHALL BE AVAILABLE, PURSUANT TO
APPROPRIATION, FOR ANY CLEAN AIR TECHNOLOGY PROJECT, AS DEFINED IN
SECTION 19-1313 OF THE ENVIRONMENTAL CONSERVATION LAW.
4. MONEYS IN THE CLIMATE CHANGE SOLUTIONS FUND SHALL BE KEPT SEPARATE
AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF THE
COMPTROLLER.
5. ALL PAYMENTS OF MONEYS FROM THE FUND SHALL BE MADE ON THE AUDIT AND
THE WARRANT OF THE COMPTROLLER.
S 4. This act shall take effect immediately.