NY State Senate Bill 2017-S6881

Senate Bill S6881

2017-2018 Legislative Session

Requires the governor's tax expenditure reporting to include an enumeration of all fossil fuel related tax expenditures

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Archive: Last Bill Status - In Senate Committee Finance 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to finance
Sep 22, 2017	referred to rules

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2017-S6881 (ACTIVE) - Details

See Assembly Version of this Bill:: A8675
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §181, Exec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S2649, A257
2021-2022: S2721, A225
2023-2024: A7230

2017-S6881 (ACTIVE) - Summary

Requires the governor's tax expenditure reporting to include an enumeration of all fossil fuel related tax expenditures; imposes a 3 year expiration upon any fossil fuel related tax expenditures enacted.

2017-S6881 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6881

SPONSOR: KRUEGER
 
TITLE OF BILL:

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

 
PURPOSE:

To require the Governor to submit an annual enumeration of fossil fuel
related tax expenditures, including recommendations regarding continua-
tion, modification or repeal of such expenditures; and to provide for
the expiration of all such expenditures within 3 years unless renewed
through legislative action.

 
SUMMARY OF PROVISIONS:

Section 1: Legislative findings.

Section 2: Definitions.

Section 3: Adds two new paragraphs to subdivision 2 of section 181 of
the executive law, requiring the Governor to submit an annual enumer-
ation of all fossil fuel related tax expenditures and any recommenda-
tions regarding continuing, modifying or repealing such expenditures, in
consultation with the state Energy Planning Board.

Section 4: Creates a 3-year expiration for all existing and newly-enact-
ed fossil fuel related tax expenditures.

 
JUSTIFICATION:

New York State spends over $1.5 billion every year on fossil fuel
related tax expenditures, distorting the market and subsidizing the use
of greenhouse gas-emitting fossil fuels. Some of these tax expenditures
may serve a compelling public interest, such as offering heating assist-
ance to low-income New Yorkers. However, a significant proportion of the
spending serves to prop-up outdated industries or reward energy ineffi-
ciencies leading to a double cost to taxpayers once for the direct tax
expenditure and again for the environmental damage resulting from the
continued burning of fossil fuels.

To address the real and serious threat to the health, welfare and pros-
perity of all New Yorkers posed by human-caused climate change, New York
State has a goal of reducing greenhouse gas emissions by 80% below 1990
levels by 2050. Continuing to subsidize the use of fossil fuels delays
the adoption of cleaner alternatives, creates barriers to achieving our
climate goals and wastes precious taxpayer money.

This bill would require the Governor's annual Tax Expenditure Report to
include an enumeration and evaluation of all fossil fuel related tax
expenditures, as well as a recommendation by the Governor regarding the
continuation, modification or repeal of such expenditures. The Gover-
nor's recommendation would be made in consultation with the state Energy
Planning Board, whose members include representatives of NYSERDA, PSC,
DEC, ESD, DOT, DOH, DOL, DAM, Legislative appointees and others.

The bill also implements a 3-year sunset provision for all current and
future fossil fuel related tax expenditures, providing such expenditures
would not otherwise expire at an earlier date. The Legislature may, of
course, choose to renew any tax expenditure that it deems to be in the
public interest. This will create an evaluation process through which
outdated, counterproductive fossil fuel subsidies can be allowed to
expire, while those that provide a real benefit to New Yorkers can be
retained.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

Subject to evaluation by the Governor. Potential of millions of dollars
in savings to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S6881 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6881
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                            September 22, 2017
                                ___________
 
 Introduced  by  Sens.  KRUEGER,  AVELLA, BROOKS, DILAN, HOYLMAN, RIVERA,
   SERRANO -- read twice and ordered printed,  and  when  printed  to  be
   committed to the Committee on Rules
 
 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:
 
   Section  1.  Legislative  findings.  The  legislature hereby finds and
 declares that the use of fossil fuels result  in  greenhouse  gas  emis-
 sions.  The  state  has  a  goal of reducing greenhouse gas emissions by
 eighty percent below 1990 levels  by  2050  to  combat  climate  change.
 Therefore,  the  state has an interest in reducing tax expenditures that
 support fossil fuels. By creating a process through which  the  legisla-
 ture  would  review  existing  fossil fuel tax expenditures on a regular
 basis, the state can better ensure that they are in the public interest.
   § 2. Subdivision 1 of section 181 of the executive law is  amended  by
 adding two new paragraphs (c) and (d) to read as follows:
   (C)  "FOSSIL  FUEL"  SHALL  MEAN  COAL, KEROSENE, OIL, OTHER PETROLEUM
 PRODUCTS, AND FUEL GASES INCLUDING, BUT NOT LIMITED TO METHANE,  NATURAL
 GAS, LIQUIFIED NATURAL GAS AND MANUFACTURED FUEL GASES.
   (D) "FOSSIL FUEL RELATED TAX EXPENDITURES" SHALL MEAN TAX EXPENDITURES
 THAT  DIRECTLY  SUPPORT, ENCOURAGE OR HAVE A SIGNIFICANT RELATIONSHIP TO
 THE PRODUCTION,  TRANSMISSION,  DISTRIBUTION,  TRANSPORTATION,  STORAGE,
 SALE, PURCHASE, DELIVERY, CONSUMPTION OR USE OF FOSSIL FUELS.
   §  3.  Paragraphs  (f)  and (g) of subdivision 2 of section 181 of the
 executive law, as added by chapter 23 of the laws of 1990,  are  amended
 and two new paragraphs (h) and (i) are added to read as follows:
   (f)  comment, if any, on the effectiveness and efficiency of other tax
 expenditures; [and]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11175-04-7

 S. 6881                             2
 
   (g) general cautionary and advisory notes  concerning  limitations  of
 data,  estimation procedures, sampling errors and imputed values, promi-
 nently displayed[.];
   (H)  AN  ENUMERATION  OF  ALL  FOSSIL  FUEL  RELATED TAX EXPENDITURES,
 INCLUDING THE ANNUAL COST OF  SUCH  EXPENDITURES  AND  THEIR  EXPIRATION
 DATES; AND
   (I)  ANY RECOMMENDATIONS OF THE GOVERNOR REGARDING CONTINUING, MODIFY-
 ING OR REPEALING SUCH FOSSIL FUEL RELATED  TAX  EXPENDITURES,  AND  SUCH
 OTHER  INFORMATION REGARDING SUCH TAX EXPENDITURES AS HE OR SHE MAY FEEL
 USEFUL AND APPROPRIATE, IN CONSULTATION WITH THE STATE  ENERGY  PLANNING
 BOARD.
   §  4.  Notwithstanding any other provisions of law, there shall be a 3
 year expiration for all fossil fuel related tax expenditures, as defined
 in paragraph (d) of subdivision 1 of section 181 of the  executive  law,
 with  such  3  year period commencing on the effective date of this act;
 provided, however, that if such an expenditure would otherwise expire or
 be deemed repealed pursuant to law  upon  an  earlier  date,  then  such
 expenditure  shall  expire or be deemed repealed upon such earlier date.
 Any new fossil fuel related tax expenditure enacted by  the  legislature
 after  the effective date of this act shall be subject to a 3 year expi-
 ration commencing on the effective date of the act  which  enacted  such
 expenditure.
   § 5. This act shall take effect immediately.

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