NY State Senate Bill 2021-S8766

Senate Bill S8766

2021-2022 Legislative Session

Requires applications for certain licenses to include specific information to evaluate such license applications for compliance with the goals set forth in the climate leadership and community protection act

download bill text pdf

Archive: Last Bill Status - In Senate Committee Commerce, Economic Development And Small Business 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 14, 2022	referred to commerce, economic development and small business

2021-S8766 (ACTIVE) - Details

See Assembly Version of this Bill:: A9514
Current Committee:: Senate Commerce, Economic Development And Small Business
Law Section:: State Administrative Procedure Act
Laws Affected:: Add §403, St Ad Proc Act
Versions Introduced in 2023-2024 Legislative Session:: S2720

2021-S8766 (ACTIVE) - Summary

Requires applications for licenses granted by certain entities to include specific information to enable such entities to evaluate such license applications for compliance with the goals set forth in the New York state climate leadership and community protection act.

2021-S8766 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8766

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the state administrative procedure act, in relation to
requiring certain entities to evaluate license applications for compli-
ance with the goals set forth in the New York state climate leadership
and community protection act

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill requires all state licensure under the jurisdiction of the
department of environmental conservation, the department of public
service, the New York power authority, the Long Island power authority,
the office of renewable energy siting, and the New York state energy
research and development authority to be in compliance with the green-
house gas emissions limits set forth in state environmental conservation
law.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: requires the department of environmental conservation, the
department of public service, the New York power authority, the Long
Island power authority, the office of renewable energy siting, and the
New York state energy research and development authority to promulgate
regulations to require an application for a permit, license, certif-
icate, approval, registration, charter, or similar forms of permission
or authority required by law to include information regarding compliance
with the New York state climate leadership and community protection act.
It shall not include bonds or other forms of security, or individual
licenses for practicing a profession or routine licenses or permits for
individual privileges, including licenses for operation g a motor vehi-
cle.

Section 2: sets the effective date.

 
JUSTIFICATION:

The dire warnings from the International Panel on Climate Change contin-
ue to make clear that we have only a handful of years to blunt the worst
effects of climate change. New York has already taken a critical step
towards climate action by putting strong climate goals in law with the
passage of the Climate Leadership and Community Protection Act. But the
state must ingrain climate compliance into every piece of its oper-
ations, and evaluate every action for its compliance with the climate
goals in law, to make sure that we can stay on track to cut greenhouse
gas emissions by 85% below 1990 levels by 2050.

This bill will require that relevant state agencies assess permits,
licenses, certificates, approvals, registration, charters, or similar
forms of permission or authority required by law for their impact on
greenhouse gas emissions, energy usage and environmental justice. To
meet our climate goals New York must assess climate impacts with every
action and reduce its reliance on fossil fuels. The time to act is now!

 
LEGISLATIVE HISTORY:

New Bill
 
FISCAL IMPLICATIONS:

None to the state

 
EFFECTIVE DATE:
Immediately

2021-S8766 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8766
 
                             I N  S E N A T E
 
                              April 14, 2022
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Commerce, Economic  Devel-
   opment and Small Business
 
 AN  ACT  to amend the state administrative procedure act, in relation to
   requiring  certain  entities  to  evaluate  license  applications  for
   compliance  with  the  goals  set  forth in the New York state climate
   leadership and community protection act
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The state administrative procedure act is amended by adding
 a new section 403 to read as follows:
   §  403.  COMPLIANCE  WITH  THE  NEW  YORK STATE CLIMATE LEADERSHIP AND
 COMMUNITY PROTECTION ACT. 1. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
 CONTRARY, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION,  THE  DEPARTMENT
 OF  PUBLIC  SERVICE, THE NEW YORK POWER AUTHORITY, THE LONG ISLAND POWER
 AUTHORITY, THE OFFICE OF RENEWABLE ENERGY SITING, AND THE NEW YORK STATE
 ENERGY RESEARCH AND DEVELOPMENT  AUTHORITY  SHALL,  BY  PROMULGATION  OF
 REGULATIONS, REQUIRE AN APPLICATION FOR A LICENSE TO INCLUDE INFORMATION
 REGARDING  COMPLIANCE  WITH  THE  GOALS  SET FORTH IN THE NEW YORK STATE
 CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT. SUCH INFORMATION  SHALL
 REQUIRE THAT EACH APPLICANT PROVIDE INFORMATION STATING:
   A.  HOW  THE LICENSE ALIGNS WITH THE NEW YORK STATE CLIMATE LEADERSHIP
 AND COMMUNITY PROTECTION ACT, INCLUDING:
   (I) HOW THE LICENSE ALIGNS WITH THE GREENHOUSE GAS EMISSION LIMITS SET
 FORTH IN SECTION 75-0107 OF THE ENVIRONMENTAL CONSERVATION LAW;
   (II) WHAT ARE THE ESTIMATED GREENHOUSE GAS  EMISSIONS  RESULTING  FROM
 THE LICENSE;
   (III) WHAT ENERGY SOURCE WILL BE USED;
   (IV) WHAT ARE THE SHORT-TERM AND LONG-TERM ENERGY SOURCES THAT WILL BE
 USED  FOR  THE LICENSE AND WHAT ARE THE ANTICIPATED SHORT-TERM AND LONG-
 TERM EFFECTS OF USING SUCH ENERGY SOURCES;
   B. HOW THE LICENSE WILL IMPACT THE GOALS SET FORTH  IN  THE  NEW  YORK
 STATE  CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT, INCLUDING CALCU-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14564-03-2

 S. 8766                             2
 
 LATIONS OF ENERGY USAGE, INCORPORATING UPSTREAM IMPACTS  FROM  POINT  OF
 ENERGY USAGE;
   C.  AN ASSESSMENT OF IMPACT ON ENVIRONMENTAL JUSTICE PURSUANT TO ARTI-
 CLE FORTY-EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW; AND
   D. THE NUMBER OF JOBS ESTIMATED TO BE  CREATED  AS  A  RESULT  OF  THE
 LICENSE, IF ANY.
   2.  THIS SECTION SHALL APPLY TO APPLICATIONS FOR THE ISSUANCE, MODIFI-
 CATION OR RENEWAL OF ANY PERMIT, LICENSE, CERTIFICATE, APPROVAL,  REGIS-
 TRATION, CHARTER, OR SIMILAR FORM OF PERMISSION OR AUTHORITY REQUIRED BY
 LAW,  OR BY STATE AGENCY RULES HAVING THE FORCE AND EFFECT OF LAW, WHICH
 IS REQUIRED FOR A BUSINESS  UNDERTAKING,  PROJECT  OR  ACTIVITY  FOR  AN
 APPLICANT,  BUT  SHALL  NOT  INCLUDE  BONDS  OR  OTHER FORMS OF SECURITY
 REQUIRED TO BE SUBMITTED BY  APPLICANTS,  ANY  INDIVIDUAL  LICENSES  FOR
 PRACTICING  A PROFESSION PRESCRIBED IN TITLE EIGHT OF THE EDUCATION LAW,
 FILINGS UNDER THE UNIFORM  COMMERCIAL  CODE,  OR  ROUTINE  LICENSES  AND
 PERMITS  FOR  INDIVIDUAL  PRIVILEGES, INCLUDING LICENSES FOR OPERATING A
 MOTOR VEHICLE.
   § 2. This act shall take effect immediately.

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