S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3351
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced by M. of A. DINOWITZ, PAULIN, L. ROSENTHAL, GLICK, BENEDETTO,
   SIMON,  BURGOS,  TAPIA,  EPSTEIN,  DARLING,  DICKENS, ZINERMAN, STECK,
   THIELE, KELLES -- read once and referred to the Committee on  Environ-
   mental Conservation
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   establishing the climate change adaptation cost recovery program;  and
   to  amend  the  state  finance  law,  in  relation to establishing the
   climate change adaptation fund
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act shall be known and may be cited as the "climate
 change superfund act".
   § 2. Legislative findings. The  legislature  finds  and  declares  the
 following:
   1.  Climate  change, resulting primarily from the combustion of fossil
 fuels, is an immediate, grave threat to the state's  communities,  envi-
 ronment,  and  economy. In addition to mitigating the further buildup of
 greenhouse gases, the state must take action to adapt to certain  conse-
 quences  of  climate  change that are irreversible, including rising sea
 levels, increasing temperatures, extreme weather events, flooding,  heat
 waves,  toxic  algal  blooms  and  other  climate-change-driven threats.
 Maintaining New York's quality of life into the future, particularly for
 young people, who will experience greater impacts  from  climate  change
 over  their  lifetimes,  will  be one of the state's greatest challenges
 over the next three decades.  Meeting  that  challenge  will  require  a
 shared  commitment  of  purpose  and huge investments in new or upgraded
 infrastructure.
   2. New York has previously adopted programs now in place -  the  inac-
 tive hazardous waste disposal site (state superfund) program and the oil
 spill fund - to remediate environmental damage to lands and waters based
 on  the  principle  that,  where  possible, the entities responsible for

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02710-03-3
              

 A. 3351                             2
 
 environmental damage should pay for  its  cleanup.  No  similar  program
 exists yet for the pollution of the atmosphere by greenhouse gas buildup
 as a result of burning fossil fuels.
   3.  Based  on decades of research it is now possible to determine with
 great accuracy the share of greenhouse gases released  into  the  atmos-
 phere  by specific fossil fuel companies over the last 70 years or more,
 making it possible to assign liability to and require compensation  from
 companies commensurate with their emissions during a given time period.
   4.  It  is the intent of the legislature to establish a climate change
 adaptation cost recovery program that will require companies  that  have
 contributed  significantly  to  the  buildup  of  climate change-driving
 greenhouse gases in the atmosphere to bear a proportionate share of  the
 cost  of  infrastructure investments required to adapt to the impacts of
 climate change in New York state.
   5. a. The obligation to pay under the program is based on  the  fossil
 fuel companies' historic contribution to the buildup of greenhouse gases
 that  is  largely  responsible  for climate change. The program operates
 under a standard of strict liability; companies are required to pay into
 the fund because the use of their  products  caused  the  pollution.  No
 finding of wrongdoing is required.
   b. Nonetheless, the legislature recognizes that the actions of many of
 the  biggest  fossil  fuel  companies  have been unconscionable, closely
 reflecting the strategy of denial, deflection, and  delay  used  by  the
 tobacco  industry.  In  spite  of  the information provided by their own
 scientists that  the  continued  burning  of  fossil  fuels  would  have
 catastrophic  results, these companies hid the truth from the public and
 actively spread false information that the science of climate change was
 uncertain when in fact it was beyond controversy.  This  breach  of  the
 public  trust  was  breathtaking  in  its scope and consequences, and it
 continues to this day.
   c. Since 2022, the fossil fuel industry has taken advantage of several
 overlapping global crises to earn immense profits, charging record  high
 prices  while aggressively rejecting any responsibility for the costs of
 its business activities. While all the profits accrue to the  companies,
 all  of  the  costs of climate change are paid by taxpayers and individ-
 uals. This is a market failure that needs to be addressed through policy
 change.
   6. Payments by historical polluters into the climate change adaptation
 cost recovery program would be used for new or  upgraded  infrastructure
 needs  such as coastal wetlands restoration, storm water drainage system
 upgrades, and energy efficient cooling systems  in  public  and  private
 buildings, including schools and public housing, all of which are neces-
 sary to protect the public safety and welfare in the face of the growing
 impacts  of climate change. At least 35%, with a goal of at least 40% of
 the overall benefits of program spending  would  go  to  climate  change
 adaptive  infrastructure  projects  that  directly benefit disadvantaged
 communities.
   7. This act is not intended to intrude on the authority of the federal
 government in areas where it has preempted the right of  the  states  to
 legislate.  This  act  is  remedial  in nature, seeking compensation for
 damages resulting from the past actions of polluters.
   § 3. The environmental conservation law is amended  by  adding  a  new
 article 76 to read as follows:
                                ARTICLE 76
              CLIMATE CHANGE ADAPTATION COST RECOVERY PROGRAM
 SECTION 76-0101. DEFINITIONS.
 A. 3351                             3
 
         76-0103. THE CLIMATE CHANGE ADAPTATION COST RECOVERY PROGRAM.
 § 76-0101. DEFINITIONS.
   FOR  THE  PURPOSES  OF THIS ARTICLE THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   1. "APPLICABLE PAYMENT DATE" MEANS SEPTEMBER THIRTIETH OF  THE  SECOND
 CALENDAR  YEAR  FOLLOWING THE YEAR IN WHICH THIS ARTICLE IS ENACTED INTO
 LAW.
   2. "CLIMATE CHANGE ADAPTIVE INFRASTRUCTURE PROJECT" MEANS  AN  INFRAS-
 TRUCTURE  PROJECT DESIGNED TO AVOID, MODERATE, REPAIR, OR ADAPT TO NEGA-
 TIVE IMPACTS CAUSED BY CLIMATE CHANGE, AND TO ASSIST COMMUNITIES, HOUSE-
 HOLDS, AND BUSINESSES IN  PREPARING  FOR  FUTURE  CLIMATE  CHANGE-DRIVEN
 DISRUPTIONS.  SUCH  PROJECTS  INCLUDE  BUT  ARE NOT LIMITED TO RESTORING
 COASTAL WETLANDS AND DEVELOPING OTHER NATURE-BASED SOLUTIONS AND COASTAL
 PROTECTIONS; UPGRADING STORM WATER DRAINAGE  SYSTEMS;  MAKING  DEFENSIVE
 UPGRADES  TO ROADS, BRIDGES, SUBWAYS, AND TRANSIT SYSTEMS; PREPARING FOR
 AND RECOVERING FROM HURRICANES AND OTHER EXTREME WEATHER EVENTS;  UNDER-
 TAKING  PREVENTIVE  HEALTH  CARE  PROGRAMS AND PROVIDING MEDICAL CARE TO
 TREAT ILLNESS OR INJURY CAUSED BY THE EFFECTS OF CLIMATE  CHANGE;  RELO-
 CATING, ELEVATING, OR RETROFITTING SEWAGE TREATMENT PLANTS VULNERABLE TO
 FLOODING; INSTALLING ENERGY EFFICIENT COOLING SYSTEMS AND OTHER WEATHER-
 IZATION  AND  ENERGY  EFFICIENCY  UPGRADES  AND  RETROFITS IN PUBLIC AND
 PRIVATE BUILDINGS, INCLUDING SCHOOLS AND PUBLIC HOUSING; UPGRADING PARTS
 OF THE ELECTRICAL GRID TO INCREASE STABILITY AND  RESILIENCE,  INCLUDING
 SUPPORTING  THE  CREATION  OF  SELF-SUFFICIENT  CLEAN ENERGY MICROGRIDS;
 ADDRESSING URBAN HEAT ISLAND EFFECTS THROUGH GREEN SPACES, URBAN  FORES-
 TRY, AND OTHER INTERVENTIONS; AND RESPONDING TO TOXIC ALGAE BLOOMS, LOSS
 OF  AGRICULTURAL  TOPSOIL, AND OTHER CLIMATE-DRIVEN ECOSYSTEM THREATS TO
 FORESTS, FARMS, FISHERIES, AND FOOD SYSTEMS.
   3. "COAL" SHALL HAVE THE SAME DEFINITION AS IN SECTION  1-103  OF  THE
 ENERGY LAW.
   4.  "CONTROLLED  GROUP" MEANS TWO OR MORE ENTITIES TREATED AS A SINGLE
 EMPLOYER UNDER SECTION 52(A) OR (B) OR SECTION  414(M)  OR  (O)  OF  THE
 INTERNAL  REVENUE  CODE.  IN APPLYING SUBSECTIONS (A) AND (B) OF SECTION
 52, SECTION 1563 OF THE INTERNAL REVENUE CODE SHALL BE  APPLIED  WITHOUT
 REGARD TO SUBSECTION(B)(2)(C). FOR PURPOSES OF THIS ARTICLE, ENTITIES IN
 A  CONTROLLED GROUP ARE TREATED AS A SINGLE ENTITY FOR PURPOSES OF MEET-
 ING THE DEFINITION OF RESPONSIBLE PARTY AND ARE  JOINTLY  AND  SEVERALLY
 LIABLE FOR PAYMENT OF ANY COST RECOVERY DEMAND OWED BY ANY ENTITY IN THE
 CONTROLLED GROUP.
   5.  "COST RECOVERY DEMAND" MEANS A CHARGE ASSERTED AGAINST A RESPONSI-
 BLE PARTY FOR COST RECOVERY PAYMENTS UNDER THE PROGRAM  FOR  PAYMENT  TO
 THE FUND.
   6. "COVERED GREENHOUSE GAS EMISSIONS" MEANS, WITH RESPECT TO ANY ENTI-
 TY,  THE TOTAL QUANTITY OF GREENHOUSE GASES RELEASED INTO THE ATMOSPHERE
 DURING THE COVERED PERIOD, EXPRESSED IN METRIC TONS  OF  CARBON  DIOXIDE
 EQUIVALENT, RESULTING FROM THE USE OF FOSSIL FUELS OR PETROLEUM PRODUCTS
 EXTRACTED, PRODUCED, REFINED, OR SOLD BY SUCH ENTITY.
   7.  "COVERED  PERIOD"  MEANS  THE PERIOD THAT BEGAN JANUARY FIRST, TWO
 THOUSAND AND ENDED ON DECEMBER THIRTY-FIRST, TWO THOUSAND EIGHTEEN.
   8. "CRUDE OIL" MEANS OIL OR PETROLEUM OF ANY KIND  AND  IN  ANY  FORM,
 INCLUDING BITUMEN, OIL SANDS, HEAVY OIL, CONVENTIONAL AND UNCONVENTIONAL
 OIL,  SHALE  OIL,  NATURAL  GAS LIQUIDS, CONDENSATES, AND RELATED FOSSIL
 FUELS.
   9. "ENTITY" MEANS ANY INDIVIDUAL, TRUSTEE, AGENT, PARTNERSHIP, ASSOCI-
 ATION, CORPORATION, COMPANY,  MUNICIPALITY,  POLITICAL  SUBDIVISION,  OR
 OTHER LEGAL ORGANIZATION, INCLUDING A FOREIGN NATION, THAT HOLDS OR HELD
 A. 3351                             4

 AN OWNERSHIP INTEREST IN A FOSSIL FUEL BUSINESS DURING THE COVERED PERI-
 OD.
   10.  "FOSSIL  FUEL" SHALL HAVE THE SAME DEFINITION AS IN SECTION 1-103
 OF THE ENERGY LAW.
   11. "FOSSIL FUEL BUSINESS" MEANS A BUSINESS ENGAGING IN THE EXTRACTION
 OF FOSSIL FUELS OR THE REFINING OF PETROLEUM PRODUCTS.
   12. "FUEL GASES" SHALL HAVE THE SAME DEFINITION AS IN SECTION 1-103 OF
 THE ENERGY LAW.
   13. "FUND" MEANS THE CLIMATE CHANGE ADAPTATION FUND ESTABLISHED PURSU-
 ANT TO SECTION NINETY-SEVEN-M OF THE STATE FINANCE LAW.
   14. "GREENHOUSE GAS" SHALL HAVE THE  SAME  DEFINITION  AS  IN  SECTION
 75-0101 OF THIS CHAPTER.
   15. "NATURE-BASED SOLUTIONS" SHALL MEAN PROJECTS THAT UTILIZE OR MIMIC
 NATURE  OR NATURAL PROCESSES AND FUNCTIONS AND THAT MAY ALSO OFFER ENVI-
 RONMENTAL, ECONOMIC, AND SOCIAL BENEFITS, WHILE  INCREASING  RESILIENCE.
 NATURE-BASED SOLUTIONS INCLUDE BOTH GREEN AND NATURAL INFRASTRUCTURE.
   16.  "NOTICE  OF COST RECOVERY DEMAND" MEANS THE WRITTEN COMMUNICATION
 INFORMING A RESPONSIBLE PARTY OF THE AMOUNT OF THE COST RECOVERY  DEMAND
 PAYABLE TO THE FUND.
   17.  "PETROLEUM PRODUCTS" SHALL HAVE THE SAME DEFINITION AS IN SECTION
 1-103 OF THE ENERGY LAW.
   18. "PROGRAM"  MEANS  THE  CLIMATE  CHANGE  ADAPTATION  COST  RECOVERY
 PROGRAM ESTABLISHED UNDER SECTION 76-0103 OF THIS ARTICLE.
   19. "QUALIFYING EXPENDITURE" MEANS AN AUTHORIZED PAYMENT FROM THE FUND
 IN  SUPPORT OF A CLIMATE CHANGE ADAPTIVE INFRASTRUCTURE PROJECT, INCLUD-
 ING ITS OPERATION AND MAINTENANCE, AS DEFINED BY THE DEPARTMENT.
   20. "RESPONSIBLE PARTY" MEANS ANY ENTITY (OR A SUCCESSOR  IN  INTEREST
 TO  SUCH ENTITY DESCRIBED HEREIN), WHICH, DURING ANY PART OF THE COVERED
 PERIOD, WAS ENGAGED IN THE TRADE OR BUSINESS OF EXTRACTING  FOSSIL  FUEL
 OR  REFINING CRUDE OIL AND IS DETERMINED BY THE DEPARTMENT TO BE RESPON-
 SIBLE FOR MORE THAN ONE BILLION TONS OF  COVERED  GREENHOUSE  GAS  EMIS-
 SIONS. THE TERM RESPONSIBLE PARTY SHALL NOT INCLUDE ANY PERSON WHO LACKS
 SUFFICIENT  CONNECTION  WITH THE STATE TO SATISFY THE NEXUS REQUIREMENTS
 OF THE UNITED STATES CONSTITUTION.
 § 76-0103. THE CLIMATE CHANGE ADAPTATION COST RECOVERY PROGRAM.
   1. THERE IS HEREBY ESTABLISHED A CLIMATE CHANGE ADAPTATION COST RECOV-
 ERY PROGRAM ADMINISTERED BY THE DEPARTMENT.
   2. THE PURPOSES OF THE PROGRAM SHALL BE THE FOLLOWING:
   A. TO SECURE COMPENSATORY PAYMENTS FROM RESPONSIBLE PARTIES BASED ON A
 STANDARD OF STRICT LIABILITY TO PROVIDE A SOURCE OF REVENUE FOR  CLIMATE
 CHANGE ADAPTIVE INFRASTRUCTURE PROJECTS WITHIN THE STATE.
   B. TO DETERMINE PROPORTIONAL LIABILITY OF RESPONSIBLE PARTIES PURSUANT
 TO SUBDIVISION THREE OF THIS SECTION;
   C.  TO  IMPOSE  COST RECOVERY DEMANDS ON RESPONSIBLE PARTIES AND ISSUE
 NOTICES OF COST RECOVERY DEMANDS;
   D. TO ACCEPT AND COLLECT PAYMENT FROM RESPONSIBLE PARTIES;
   E. TO IDENTIFY CLIMATE CHANGE ADAPTIVE INFRASTRUCTURE PROJECTS;
   F.  TO  DISPERSE  FUNDS  TO  CLIMATE  CHANGE  ADAPTIVE  INFRASTRUCTURE
 PROJECTS; AND
   G.  TO ALLOCATE FUNDS IN SUCH A WAY AS TO ACHIEVE A GOAL THAT AT LEAST
 FORTY PERCENT OF THE QUALIFIED EXPENDITURES FROM THE  PROGRAM,  BUT  NOT
 LESS  THAN THIRTY-FIVE PERCENT OF SUCH EXPENDITURES, SHALL GO TO CLIMATE
 CHANGE  ADAPTIVE  INFRASTRUCTURE  PROJECTS  THAT  BENEFIT  DISADVANTAGED
 COMMUNITIES AS DEFINED IN SECTION 75-0101 OF THIS CHAPTER.
   3.  A. A RESPONSIBLE PARTY SHALL BE STRICTLY LIABLE, WITHOUT REGARD TO
 FAULT, FOR A SHARE OF THE COSTS OF CLIMATE CHANGE  ADAPTIVE  INFRASTRUC-
 A. 3351                             5
 
 TURE  PROJECTS,  INCLUDING THEIR OPERATION AND MAINTENANCE, SUPPORTED BY
 THE FUND.
   B.  WITH  RESPECT  TO EACH RESPONSIBLE PARTY, THE COST RECOVERY DEMAND
 SHALL BE EQUAL TO AN AMOUNT THAT BEARS THE SAME  RATIO  TO  SEVENTY-FIVE
 BILLION  DOLLARS  AS THE RESPONSIBLE PARTY'S APPLICABLE SHARE OF COVERED
 GREENHOUSE GAS EMISSIONS BEARS TO THE  AGGREGATE  APPLICABLE  SHARES  OF
 COVERED GREENHOUSE GAS EMISSIONS OF ALL RESPONSIBLE PARTIES.
   C. THE APPLICABLE SHARE OF COVERED GREENHOUSE GAS EMISSIONS TAKEN INTO
 ACCOUNT UNDER THIS SECTION FOR ANY RESPONSIBLE PARTY SHALL BE THE AMOUNT
 BY  WHICH  THE  COVERED  GREENHOUSE  GAS  EMISSIONS ATTRIBUTABLE TO SUCH
 RESPONSIBLE PARTY EXCEEDS ONE BILLION METRIC TONS.
   D. WHERE AN ENTITY OWNS A MINORITY INTEREST IN ANOTHER ENTITY  OF  TEN
 PERCENT  OR  MORE,  THE  CALCULATION OF THE ENTITY'S APPLICABLE SHARE OF
 GREENHOUSE GAS EMISSIONS TAKEN INTO ACCOUNT  UNDER  THIS  SECTION  SHALL
 INCLUDE  THE  APPLICABLE  SHARE  OF  GREENHOUSE GAS EMISSIONS TAKEN INTO
 ACCOUNT UNDER THIS SECTION BY THE ENTITY IN WHICH THE RESPONSIBLE  PARTY
 HOLDS  A MINORITY INTEREST, MULTIPLIED BY THE PERCENTAGE OF THE MINORITY
 INTEREST HELD.
   E. IN DETERMINING THE AMOUNT OF GREENHOUSE GAS EMISSIONS  ATTRIBUTABLE
 TO  ANY  ENTITY, AN AMOUNT EQUIVALENT TO NINE HUNDRED FORTY-TWO AND ONE-
 HALF METRIC TONS OF  CARBON  DIOXIDE  EQUIVALENT  SHALL  BE  TREATED  AS
 RELEASED  FOR  EVERY MILLION POUNDS OF COAL ATTRIBUTABLE TO SUCH ENTITY;
 AN AMOUNT EQUIVALENT TO FOUR HUNDRED  THIRTY-TWO  THOUSAND  ONE  HUNDRED
 EIGHTY  METRIC  TONS  OF  CARBON  DIOXIDE EQUIVALENT SHALL BE TREATED AS
 RELEASED FOR EVERY MILLION BARRELS OF CRUDE  OIL  ATTRIBUTABLE  TO  SUCH
 ENTITY;  AND  AN  AMOUNT EQUIVALENT TO FIFTY-THREE THOUSAND FOUR HUNDRED
 FORTY METRIC TONS OF CARBON  DIOXIDE  EQUIVALENT  SHALL  BE  TREATED  AS
 RELEASED FOR EVERY MILLION CUBIC FEET OF FUEL GASES ATTRIBUTABLE TO SUCH
 ENTITY.
   F.  THE  COMMISSIONER  MAY ADJUST THE COST RECOVERY DEMAND AMOUNT OF A
 RESPONSIBLE PARTY REFINING PETROLEUM PRODUCTS (OR WHO IS A SUCCESSOR  IN
 INTEREST TO SUCH AN ENTITY) IF SUCH RESPONSIBLE PARTY ESTABLISHES TO THE
 SATISFACTION  OF  THE  COMMISSIONER  THAT A PORTION OF THE COST RECOVERY
 DEMAND AMOUNT WAS ATTRIBUTABLE TO THE REFINING OF CRUDE OIL EXTRACTED BY
 ANOTHER RESPONSIBLE PARTY (OR WHO IS A SUCCESSOR IN INTEREST TO SUCH  AN
 ENTITY) THAT ACCOUNTED FOR SUCH CRUDE OIL IN DETERMINING ITS COST RECOV-
 ERY DEMAND AMOUNT.
   G.  PAYMENT  OF  A  COST  RECOVERY DEMAND SHALL BE MADE IN FULL ON THE
 APPLICABLE PAYMENT DATE UNLESS A RESPONSIBLE  PARTY  ELECTS  TO  PAY  IN
 INSTALLMENTS PURSUANT TO PARAGRAPH H OF THIS SUBDIVISION.
   H.  A  RESPONSIBLE  PARTY  MAY  ELECT  TO PAY THE COST RECOVERY DEMAND
 AMOUNT IN TWENTY-FOUR ANNUAL INSTALLMENTS, EIGHT PERCENT  OF  THE  TOTAL
 DUE  IN  THE FIRST INSTALLMENT AND FOUR PERCENT OF THE TOTAL DUE IN EACH
 OF THE FOLLOWING EIGHT INSTALLMENTS. IF AN ELECTION IS MADE  UNDER  THIS
 PARAGRAPH, THE FIRST INSTALLMENT SHALL BE PAID ON THE APPLICABLE PAYMENT
 DATE  AND  EACH SUBSEQUENT INSTALLMENT SHALL BE PAID ON THE SAME DATE AS
 THE APPLICABLE PAYMENT DATE IN EACH SUCCEEDING YEAR.
   I. IF THERE IS ANY ADDITION TO THE ORIGINAL AMOUNT OF THE COST  RECOV-
 ERY DEMAND FOR FAILURE TO TIMELY PAY ANY INSTALLMENT REQUIRED UNDER THIS
 SUBDIVISION,  A  LIQUIDATION  OR SALE OF SUBSTANTIALLY ALL THE ASSETS OF
 THE RESPONSIBLE PARTY (INCLUDING IN A PROCEEDING UNDER U.S. CODE:  TITLE
 11  OR  SIMILAR CASE), A CESSATION OF BUSINESS BY THE RESPONSIBLE PARTY,
 OR ANY SIMILAR CIRCUMSTANCE, THEN THE UNPAID BALANCE  OF  ALL  REMAINING
 INSTALLMENTS SHALL BE DUE ON THE DATE OF SUCH EVENT (OR IN THE CASE OF A
 PROCEEDING  UNDER U.S. CODE: TITLE 11 OR SIMILAR CASE, ON THE DAY BEFORE
 THE PETITION IS FILED). THE PRECEDING SENTENCE SHALL NOT  APPLY  TO  THE
 A. 3351                             6
 
 SALE  OF  SUBSTANTIALLY  ALL  OF  THE ASSETS OF A RESPONSIBLE PARTY TO A
 BUYER IF SUCH BUYER ENTERS INTO AN AGREEMENT WITH THE  DEPARTMENT  UNDER
 WHICH SUCH BUYER IS LIABLE FOR THE REMAINING INSTALLMENTS DUE UNDER THIS
 SUBDIVISION  IN  THE  SAME  MANNER AS IF SUCH BUYER WERE THE RESPONSIBLE
 PARTY.
   4. A. WITHIN ONE YEAR OF THE  EFFECTIVE  DATE  OF  THIS  ARTICLE,  THE
 DEPARTMENT  SHALL  PROMULGATE SUCH REGULATIONS AS ARE NECESSARY TO CARRY
 OUT THIS ARTICLE, INCLUDING BUT NOT LIMITED TO:
   I. ADOPTING METHODOLOGIES USING THE BEST AVAILABLE SCIENCE  TO  DETER-
 MINE  RESPONSIBLE  PARTIES  AND THEIR APPLICABLE SHARE OF COVERED GREEN-
 HOUSE GAS EMISSIONS CONSISTENT WITH THE PROVISIONS OF THIS ARTICLE;
   II. REGISTERING  ENTITIES  THAT  ARE  RESPONSIBLE  PARTIES  UNDER  THE
 PROGRAM;
   III.  ISSUING  NOTICES  OF COST RECOVERY DEMAND TO RESPONSIBLE PARTIES
 INFORMING THEM OF THE COST RECOVERY DEMAND AMOUNT; HOW  AND  WHERE  COST
 RECOVERY  DEMANDS  CAN BE PAID; THE POTENTIAL CONSEQUENCES OF NONPAYMENT
 AND LATE PAYMENT; AND INFORMATION REGARDING THEIR RIGHTS TO  CONTEST  AN
 ASSESSMENT;
   IV.  ACCEPTING PAYMENTS FROM, PURSUING COLLECTION EFFORTS AGAINST, AND
 NEGOTIATING SETTLEMENTS WITH RESPONSIBLE PARTIES; AND
   V. ADOPTING PROCEDURES FOR IDENTIFYING AND  SELECTING  CLIMATE  CHANGE
 ADAPTIVE INFRASTRUCTURE PROJECTS ELIGIBLE TO RECEIVE QUALIFYING EXPENDI-
 TURES, INCLUDING LEGISLATIVE BUDGET APPROPRIATIONS, ISSUANCE OF REQUESTS
 FOR PROPOSALS FROM LOCALITIES AND NOT-FOR-PROFIT AND COMMUNITY ORGANIZA-
 TIONS,  GRANTS TO PRIVATE INDIVIDUALS, OR OTHER METHODS AS DETERMINED BY
 THE DEPARTMENT, AND FOR DISPERSING MONEYS FROM THE FUND  FOR  QUALIFYING
 EXPENDITURES.    WHEN  CONSIDERING  PROJECTS INTENDED TO STABILIZE TIDAL
 SHORELINES, THE DEPARTMENT  SHALL  ENCOURAGE  THE  USE  OF  NATURE-BASED
 SOLUTIONS.    TOTAL QUALIFYING EXPENDITURES SHALL BE ALLOCATED IN SUCH A
 WAY AS TO ACHIEVE A GOAL THAT AT LEAST FORTY PERCENT  OF  THE  QUALIFIED
 EXPENDITURES  FROM THE PROGRAM, BUT NOT LESS THAN THIRTY-FIVE PERCENT OF
 SUCH EXPENDITURES, SHALL GO TO CLIMATE  CHANGE  ADAPTIVE  INFRASTRUCTURE
 PROJECTS  THAT  BENEFIT  DISADVANTAGED COMMUNITIES AS DEFINED IN SECTION
 75-0101 OF THIS CHAPTER.
   B. THE DEPARTMENT SHALL HOLD AT LEAST TWO PUBLIC HEARINGS, ONE IN-PER-
 SON AND ONE VIRTUAL, ON PROPOSED REGULATIONS, WITH A MINIMUM  OF  THIRTY
 DAYS' PUBLIC NOTICE.
   5. WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS ARTICLE, THE DEPART-
 MENT  SHALL  COMPLETE  A STATEWIDE CLIMATE CHANGE ADAPTATION MASTER PLAN
 FOR THE PURPOSE OF GUIDING THE DISPERSAL OF FUNDS  IN  A  TIMELY,  EFFI-
 CIENT,  AND  EQUITABLE  MANNER TO ALL REGIONS OF THE STATE IN ACCORDANCE
 WITH THE PROVISIONS OF  THIS  CHAPTER.  IN  COMPLETING  SUCH  PLAN,  THE
 DEPARTMENT SHALL:
   A. COLLABORATE WITH THE DEPARTMENT OF STATE, EMPIRE STATE DEVELOPMENT,
 THE  DEPARTMENT  OF  AGRICULTURE  AND MARKETS, THE NEW YORK STATE ENERGY
 RESEARCH AND DEVELOPMENT AUTHORITY, THE DEPARTMENT  OF  PUBLIC  SERVICE,
 AND THE NEW YORK INDEPENDENT SYSTEMS OPERATOR;
   B.  ASSESS  THE  ADAPTATION NEEDS AND VULNERABILITIES OF VARIOUS AREAS
 VITAL TO THE STATE'S ECONOMY, NORMAL FUNCTIONING,  AND  THE  HEALTH  AND
 WELL-BEING  OF  NEW  YORKERS, INCLUDING BUT NOT LIMITED TO: AGRICULTURE,
 BIODIVERSITY, ECOSYSTEM SERVICES, EDUCATION, FINANCE, HEALTHCARE,  MANU-
 FACTURING, HOUSING AND REAL ESTATE, RETAIL, TOURISM (INCLUDING STATE AND
 MUNICIPAL PARKS), TRANSPORTATION, AND MUNICIPAL AND LOCAL GOVERNMENT.
   C.  IDENTIFY  MAJOR  POTENTIAL,  PROPOSED,  AND ONGOING CLIMATE CHANGE
 ADAPTIVE INFRASTRUCTURE PROJECTS THROUGHOUT THE STATE;
 A. 3351                             7
 
   D. IDENTIFY OPPORTUNITIES FOR ALIGNMENT WITH EXISTING FEDERAL,  STATE,
 AND LOCAL FUNDING STREAMS;
   E. CONSULT WITH STAKEHOLDERS, INCLUDING LOCAL GOVERNMENTS, BUSINESSES,
 ENVIRONMENTAL  ADVOCATES,  RELEVANT  SUBJECT AREA EXPERTS, AND REPRESEN-
 TATIVES OF DISADVANTAGED COMMUNITIES; AND
   F. PROVIDE OPPORTUNITIES FOR PUBLIC ENGAGEMENT IN ALL REGIONS  OF  THE
 STATE.
   6.  THE  DEPARTMENT,  THE  DEPARTMENT OF TAXATION AND FINANCE, AND THE
 ATTORNEY GENERAL ARE HEREBY AUTHORIZED TO ENFORCE THE PROVISIONS OF THIS
 ARTICLE.
   7. THE DEPARTMENT OR THE DEPARTMENT  OF  TAXATION  AND  FINANCE  SHALL
 PROVIDE  AN OPPORTUNITY TO BE HEARD TO ANY RESPONSIBLE PARTIES THAT SEEK
 TO CONTEST A COST RECOVERY DEMAND. DETERMINATIONS MADE  IN  FAVOR  OF  A
 PETITIONER  AFTER SUCH HEARING SHALL BE FINAL AND CONCLUSIVE. A DETERMI-
 NATION IN FAVOR OF THE STATE MAY BE APPEALED UNDER ARTICLE SEVENTY-EIGHT
 OF THE CIVIL PRACTICE LAW AND RULES.
   8. MONEYS RECEIVED FROM COST RECOVERY DEMANDS SHALL  BE  DEPOSITED  IN
 THE CLIMATE CHANGE ADAPTATION FUND ESTABLISHED PURSUANT TO SECTION NINE-
 TY-SEVEN-M OF THE STATE FINANCE LAW.
   9.  A.  PROJECTS FUNDED PURSUANT TO THIS ARTICLE SHALL REQUIRE COMPLI-
 ANCE WITH PREVAILING WAGE REQUIREMENTS PURSUANT TO SECTION  TWO  HUNDRED
 TWENTY OF THE LABOR LAW.
   B.  ANY  STATE  ENTITY  OR MUNICIPALITY RECEIVING AT LEAST TWENTY-FIVE
 MILLION DOLLARS ($25,000,000) FROM  FUNDS  ALLOCATED  PURSUANT  TO  THIS
 ARTICLE  FOR  A  PROJECT  COSTING  GREATER  THAN  FIFTY  MILLION DOLLARS
 ($50,000,000) SHALL REQUIRE USE OF APPRENTICESHIP AGREEMENTS AS  DEFINED
 BY ARTICLE TWENTY-THREE OF THE LABOR LAW, WITH PRE-APPRENTICESHIP DIRECT
 ENTRY PROVIDERS REGISTERED WITH THE DEPARTMENT OF LABOR.
   C.  I. ANY STATE ENTITY OR MUNICIPALITY RECEIVING AT LEAST TWENTY-FIVE
 MILLION DOLLARS ($25,000,000) FROM  FUNDS  ALLOCATED  PURSUANT  TO  THIS
 ARTICLE  FOR  A PROJECT WHICH INVOLVES THE CONSTRUCTION, RECONSTRUCTION,
 ALTERATION, MAINTENANCE, MOVING, DEMOLITION, EXCAVATION, DEVELOPMENT  OR
 OTHER  IMPROVEMENT  OF ANY BUILDING, STRUCTURE OR LAND, SHALL BE SUBJECT
 TO SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW.
   II. ANY PRIVATELY OWNED PROJECT RECEIVING FUNDS ALLOCATED PURSUANT  TO
 THIS  TITLE  WHICH  UTILIZES  A  PROJECT LABOR AGREEMENT ON SUCH PROJECT
 SHALL NOT BE SUBJECT TO ARTICLE EIGHT OF THE LABOR LAW.
   D. IF DETERMINED  APPLICABLE,  A  MUNICIPALITY  OR  STATE  ENTITY  MAY
 REQUIRE  THAT THE PRIVATE OWNER OF A PROJECT, OR A THIRD PARTY ACTING ON
 THE OWNER'S BEHALF, ENTER INTO A LABOR PEACE AGREEMENT WITH AT LEAST ONE
 BONA FIDE LABOR ORGANIZATION EITHER:
   I. WHERE SUCH BONA FIDE LABOR ORGANIZATION  IS  ACTIVELY  REPRESENTING
 NON-CONSTRUCTION EMPLOYEES; OR
   II.  UPON  NOTICE BY A BONA FIDE LABOR ORGANIZATION THAT IS ATTEMPTING
 TO REPRESENT NON-CONSTRUCTION EMPLOYEES. FOR PURPOSES  OF  THIS  SECTION
 "LABOR  PEACE  AGREEMENT" MEANS AN AGREEMENT BETWEEN AN ENTITY AND LABOR
 ORGANIZATION THAT, AT A MINIMUM, PROTECTS THE STATE'S PROPRIETARY INTER-
 ESTS BY PROHIBITING LABOR ORGANIZATIONS AND  MEMBERS  FROM  ENGAGING  IN
 PICKETING,  WORK  STOPPAGES,  BOYCOTTS, AND ANY OTHER ECONOMIC INTERFER-
 ENCE.
   E. I. ANY MUNICIPALITY OR STATE ENTITY, OR A  THIRD  PARTY  ACTING  ON
 BEHALF  AND FOR THE BENEFIT OF THE MUNICIPALITY OR STATE ENTITY, IN EACH
 CONTRACT FOR CONSTRUCTION, RECONSTRUCTION, ALTERATION, REPAIR,  IMPROVE-
 MENT OR MAINTENANCE OF A PROJECT RECEIVING FUNDS UNDER THIS ARTICLE THAT
 IS  A  PUBLIC WORK, SHALL ENSURE THAT SUCH CONTRACT CONTAINS A PROVISION
 THAT THE STRUCTURAL IRON AND STRUCTURAL STEEL USED OR  SUPPLIED  IN  THE
 A. 3351                             8
 
 PERFORMANCE  OF  THE  CONTRACT  OR  ANY  SUBCONTRACT THERETO AND THAT IS
 PERMANENTLY INCORPORATED INTO THE PUBLIC WORK, SHALL BE PRODUCED OR MADE
 IN WHOLE OR SUBSTANTIAL PART IN THE UNITED STATES,  ITS  TERRITORIES  OR
 POSSESSIONS.  IN THE CASE OF A STRUCTURAL IRON OR STRUCTURAL STEEL PROD-
 UCT, ALL MANUFACTURING MUST TAKE PLACE IN THE UNITED  STATES,  FROM  THE
 INITIAL MELTING STAGE THROUGH THE APPLICATION OF COATINGS, EXCEPT METAL-
 LURGICAL  PROCESSES INVOLVING THE REFINEMENT OF STEEL ADDITIVES. FOR THE
 PURPOSES OF THIS SUBDIVISION, "PERMANENTLY INCORPORATED" SHALL  MEAN  AN
 IRON  OR STEEL PRODUCT THAT IS REQUIRED TO REMAIN IN PLACE AT THE END OF
 THE PROJECT CONTRACT, IN A FIXED LOCATION, AFFIXED TO THE PUBLIC WORK TO
 WHICH IT WAS INCORPORATED. IRON AND STEEL PRODUCTS THAT ARE  CAPABLE  OF
 BEING  MOVED  FROM  ONE LOCATION TO ANOTHER ARE NOT PERMANENTLY INCORPO-
 RATED INTO A PUBLIC WORK.
   II. THE PROVISIONS OF PARAGRAPH A OF THIS SUBDIVISION SHALL NOT  APPLY
 IF  THE HEAD OF THE DEPARTMENT, AGENCY, OR MUNICIPAL ENTITY CONSTRUCTING
 THE PUBLIC WORK, IN HIS OR HER  SOLE  DISCRETION,  DETERMINES  THAT  THE
 PROVISIONS  WOULD  NOT BE IN THE PUBLIC INTEREST, WOULD RESULT IN UNREA-
 SONABLE COSTS, OR THAT OBTAINING SUCH STEEL OR IRON IN THE UNITED STATES
 WOULD INCREASE THE COST OF THE CONTRACT BY AN  UNREASONABLE  AMOUNT,  OR
 SUCH  IRON  OR  STEEL,  INCLUDING WITHOUT LIMITATION STRUCTURAL IRON AND
 STRUCTURAL STEEL, CANNOT BE PRODUCED OR MADE IN  THE  UNITED  STATES  IN
 SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES AND OF SATISFACTORY QUAL-
 ITY.
   10.  A.  THE DEPARTMENT SHALL CONDUCT AN INDEPENDENT EVALUATION OF THE
 CLIMATE CHANGE ADAPTATION COST RECOVERY PROGRAM.  THE  PURPOSE  OF  THIS
 EVALUATION IS TO DETERMINE THE EFFECTIVENESS OF THE PROGRAM IN ACHIEVING
 ITS PURPOSES AS DEFINED IN SUBDIVISION TWO OF THIS SECTION.
   B.  SUCH  EVALUATION  SHALL BE PROVIDED TO THE GOVERNOR, THE TEMPORARY
 PRESIDENT OF THE SENATE AND THE SPEAKER OF THE  ASSEMBLY  ON  OR  BEFORE
 JANUARY  FIRST  OF  THE SECOND CALENDAR YEAR FOLLOWING THE YEAR IN WHICH
 THIS ARTICLE IS ENACTED INTO LAW, AND ANNUALLY ON  OR  BEFORE  SEPTEMBER
 THIRTIETH THEREAFTER.
   C.  ANY ENTITY CONTRACTED BY THE DEPARTMENT TO CONDUCT SUCH EVALUATION
 SHALL RECEIVE PROMPT PAYMENT OF ALL MONEYS DUE UPON COMPLETION  OF  SUCH
 EVALUATION.
   §  4. The state finance law is amended by adding a new section 97-m to
 read as follows:
   § 97-M. CLIMATE CHANGE ADAPTATION FUND. 1. THERE IS HEREBY ESTABLISHED
 IN THE CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF  TAXATION  AND
 FINANCE  A  SPECIAL  REVOLVING  FUND  TO BE KNOWN AS THE "CLIMATE CHANGE
 ADAPTATION FUND" FOR THE PURPOSE OF RECEIVING MONEYS THROUGH COST RECOV-
 ERY DEMANDS AND ISSUING FUNDS FOR QUALIFYING  EXPENDITURES  PURSUANT  TO
 THE CLIMATE CHANGE ADAPTATION COST RECOVERY PROGRAM ESTABLISHED IN ARTI-
 CLE SEVENTY-SIX OF THE ENVIRONMENTAL CONSERVATION LAW.
   2.  NO  MONIES  SHALL BE EXPENDED FROM THE FUND FOR ANY PROJECT EXCEPT
 QUALIFYING EXPENDITURES PURSUANT TO THE PROGRAM, INCLUDING THEIR  OPERA-
 TION  AND  MAINTENANCE,  AS  WELL  AS  REASONABLE  COSTS INCURRED BY THE
 DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR ADMINISTERING THE PROGRAM.
   3. REVENUES IN THE FUND SHALL  BE  KEPT  SEPARATE  AND  SHALL  NOT  BE
 COMMINGLED  WITH  ANY  OTHER MONEYS IN THE CUSTODY OF THE COMPTROLLER OR
 THE COMMISSIONER OF TAXATION AND FINANCE. ALL DEPOSITS OF SUCH  REVENUES
 SHALL,  IF REQUIRED BY THE COMPTROLLER, BE SECURED BY OBLIGATIONS OF THE
 UNITED STATES OR OF THE STATE HAVING A MARKET VALUE EQUAL AT  ALL  TIMES
 TO  THE  AMOUNT  OF  SUCH DEPOSITS AND ALL BANKS AND TRUST COMPANIES ARE
 AUTHORIZED TO GIVE SECURITY FOR SUCH DEPOSITS. ANY SUCH REVENUES IN SUCH
 FUND MAY, UPON THE DISCRETION OF THE COMPTROLLER, BE INVESTED  IN  OBLI-
 A. 3351                             9
 
 GATIONS  IN  WHICH  THE  COMPTROLLER IS AUTHORIZED TO INVEST PURSUANT TO
 SECTION NINETY-EIGHT-A OF THIS ARTICLE.
   4. ALL PAYMENTS OF MONEYS FROM THE FUND SHALL BE MADE ON THE AUDIT AND
 WARRANT OF THE COMPTROLLER.
   § 5. Availability of additional remedies. Nothing in this act shall be
 deemed  to preclude the pursuit of a civil action or other remedy by any
 person. The remedies provided in this  act  are  in  addition  to  those
 provided by existing statutory or common law.
   §  6.  Severability. If any word, phrase, clause, sentence, paragraph,
 section, or part of this act shall be adjudged by any court of competent
 jurisdiction to be invalid, such judgment shall not affect,  impair,  or
 invalidate the remainder thereof, but shall be confined in its operation
 to the word, phrase, clause, sentence, paragraph, section, or part ther-
 eof  directly  involved  in the controversy in which such judgment shall
 have been rendered.
   § 7. Construction. This act, being necessary for the  general  health,
 safety,  and  welfare  of  the  people of this state, shall be liberally
 construed to effect its purpose.
   § 8. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3351--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced by M. of A. DINOWITZ, PAULIN, L. ROSENTHAL, GLICK, BENEDETTO,
   SIMON,  BURGOS,  TAPIA,  EPSTEIN,  DARLING,  DICKENS, ZINERMAN, STECK,
   THIELE, KELLES, REYES, LEVENBERG, HEVESI, GONZALEZ-ROJAS, FAHY,  ARDI-
   LA,  CARROLL,  RAGA, DE LOS SANTOS, RAMOS, TAYLOR, COLTON, LEE, BORES,
   CUNNINGHAM, GIBBS, OTIS, SILLITTI, SIMONE, BURDICK --  read  once  and
   referred  to  the Committee on Environmental Conservation -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   establishing  the climate change adaptation cost recovery program; and
   to amend the state  finance  law,  in  relation  to  establishing  the
   climate change adaptation fund
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited  as  the  "climate
 change superfund act".
   §  2.  Legislative  findings.  The  legislature finds and declares the
 following:
   1. Climate change, resulting primarily from the combustion  of  fossil
 fuels,  is  an immediate, grave threat to the state's communities, envi-
 ronment, and economy. In addition to mitigating the further  buildup  of
 greenhouse  gases, the state must take action to adapt to certain conse-
 quences of climate change that are irreversible,  including  rising  sea
 levels,  increasing temperatures, extreme weather events, flooding, heat
 waves, toxic  algal  blooms  and  other  climate-change-driven  threats.
 Maintaining New York's quality of life into the future, particularly for
 young  people,  who  will experience greater impacts from climate change
 over their lifetimes, will be one of  the  state's  greatest  challenges
 over  the  next  three  decades.  Meeting  that challenge will require a
 shared commitment of  purpose,  huge  investments  in  new  or  upgraded
 infrastructure, and new revenue sources to pay for those investments.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02710-09-3
              

 A. 3351--A                          2
 
   2.  New  York has previously adopted programs now in place - the inac-
 tive hazardous waste disposal site (state superfund) program and the oil
 spill fund - to remediate environmental damage to lands and waters based
 on the principle that, where  possible,  the  entities  responsible  for
 environmental  damage  should  pay  for  its cleanup. No similar program
 exists yet for the pollution of the atmosphere by greenhouse gas buildup
 as a result of burning fossil fuels.
   3. Based on decades of research it is now possible to  determine  with
 great  accuracy  the  share of greenhouse gases released into the atmos-
 phere by specific fossil fuel companies over the last 70 years or  more,
 making  it possible to assign liability to and require compensation from
 companies commensurate with their emissions during a given time period.
   4. It is the intent of the legislature to establish a  climate  change
 adaptation  cost  recovery program that will require companies that have
 contributed significantly  to  the  buildup  of  climate  change-driving
 greenhouse  gases in the atmosphere to bear a proportionate share of the
 cost of infrastructure investments  and  other  expenses  necessary  for
 comprehensive  adaptation  to  the impacts of climate change in New York
 state.
   5. a. The obligation to pay under the program is based on  the  fossil
 fuel companies' historic contribution to the buildup of greenhouse gases
 that  is  largely  responsible  for climate change. The program operates
 under a standard of strict liability; companies are required to pay into
 the fund because the use of their  products  caused  the  pollution.  No
 finding of wrongdoing is required.
   b. Nonetheless, the legislature recognizes that the actions of many of
 the  biggest  fossil  fuel  companies  have been unconscionable, closely
 reflecting the strategy of denial, deflection, and  delay  used  by  the
 tobacco  industry.  In  spite  of  the information provided by their own
 scientists that  the  continued  burning  of  fossil  fuels  would  have
 catastrophic  results, these companies hid the truth from the public and
 actively spread false information that the science of climate change was
 uncertain when in fact it was beyond controversy.  This  breach  of  the
 public  trust  was  breathtaking  in  its scope and consequences, and it
 continues to this day.
   c. Since 2022, the fossil fuel industry has taken advantage of several
 overlapping global crises to earn immense profits, charging record  high
 prices  while aggressively rejecting any responsibility for the costs of
 its business activities. While all the profits accrue to the  companies,
 all  of  the  costs of climate change are paid by taxpayers and individ-
 uals. This is a market failure that needs to be addressed through policy
 change.
   6. Payments by historical polluters into the climate change adaptation
 cost recovery program would be used for new or  upgraded  infrastructure
 needs  such as coastal wetlands restoration, storm water drainage system
 upgrades, energy efficient cooling systems in public and private  build-
 ings,  including  schools  and  public  housing,  support  for  programs
 addressing climate-driven public health  challenges,  and  responses  to
 extreme weather events, all of which are necessary to protect the public
 safety and welfare in the face of the growing impacts of climate change.
 The  cost  to  the  state of climate adaptation investments through 2050
 will easily exceed $150 billion, far more than  the  $75  billion  being
 assessed  on  the fossil fuel industry. At least 35%, with a goal of 40%
 or more of the overall benefits of program spending would go to  climate
 change  adaptive infrastructure projects that directly benefit disadvan-
 taged communities.
 A. 3351--A                          3
 
   7. This act is not intended to intrude on the authority of the federal
 government in areas where it has preempted the right of  the  states  to
 legislate.  This  act  is  remedial  in nature, seeking compensation for
 damages resulting from the past actions of polluters.
   §  3.  The  environmental  conservation law is amended by adding a new
 article 76 to read as follows:
                                ARTICLE 76
              CLIMATE CHANGE ADAPTATION COST RECOVERY PROGRAM
 SECTION 76-0101. DEFINITIONS.
         76-0103. THE CLIMATE CHANGE ADAPTATION COST RECOVERY PROGRAM.
         76-0105. LABOR AND JOB STANDARDS AND WORKER PROTECTION.
 § 76-0101. DEFINITIONS.
   FOR THE PURPOSES OF THIS ARTICLE THE FOLLOWING TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   1.  "APPLICABLE  PAYMENT DATE" MEANS SEPTEMBER THIRTIETH OF THE SECOND
 CALENDAR YEAR FOLLOWING THE YEAR IN WHICH THIS ARTICLE IS  ENACTED  INTO
 LAW.
   2.  "CLIMATE  CHANGE ADAPTIVE INFRASTRUCTURE PROJECT" MEANS AN INFRAS-
 TRUCTURE PROJECT DESIGNED TO AVOID, MODERATE, REPAIR, OR ADAPT TO  NEGA-
 TIVE IMPACTS CAUSED BY CLIMATE CHANGE, AND TO ASSIST COMMUNITIES, HOUSE-
 HOLDS,  AND  BUSINESSES  IN  PREPARING  FOR FUTURE CLIMATE CHANGE-DRIVEN
 DISRUPTIONS. SUCH PROJECTS INCLUDE BUT  ARE  NOT  LIMITED  TO  RESTORING
 COASTAL WETLANDS AND DEVELOPING OTHER NATURE-BASED SOLUTIONS AND COASTAL
 PROTECTIONS;  UPGRADING  STORM  WATER DRAINAGE SYSTEMS; MAKING DEFENSIVE
 UPGRADES TO ROADS, BRIDGES, SUBWAYS, AND TRANSIT SYSTEMS; PREPARING  FOR
 AND  RECOVERING FROM HURRICANES AND OTHER EXTREME WEATHER EVENTS; UNDER-
 TAKING PREVENTIVE HEALTH CARE PROGRAMS AND  PROVIDING  MEDICAL  CARE  TO
 TREAT  ILLNESS  OR INJURY CAUSED BY THE EFFECTS OF CLIMATE CHANGE; RELO-
 CATING, ELEVATING, OR RETROFITTING SEWAGE TREATMENT PLANTS VULNERABLE TO
 FLOODING; INSTALLING ENERGY EFFICIENT COOLING SYSTEMS AND OTHER WEATHER-
 IZATION AND ENERGY EFFICIENCY  UPGRADES  AND  RETROFITS  IN  PUBLIC  AND
 PRIVATE BUILDINGS, INCLUDING SCHOOLS AND PUBLIC HOUSING; UPGRADING PARTS
 OF  THE  ELECTRICAL GRID TO INCREASE STABILITY AND RESILIENCE, INCLUDING
 SUPPORTING THE CREATION  OF  SELF-SUFFICIENT  CLEAN  ENERGY  MICROGRIDS;
 ADDRESSING  URBAN HEAT ISLAND EFFECTS THROUGH GREEN SPACES, URBAN FORES-
 TRY, AND OTHER INTERVENTIONS; AND RESPONDING TO TOXIC ALGAE BLOOMS, LOSS
 OF AGRICULTURAL TOPSOIL, AND OTHER CLIMATE-DRIVEN ECOSYSTEM  THREATS  TO
 FORESTS, FARMS, FISHERIES, AND FOOD SYSTEMS.
   3.  "COAL"  SHALL  HAVE THE SAME DEFINITION AS IN SECTION 1-103 OF THE
 ENERGY LAW.
   4. "CONTROLLED GROUP" MEANS TWO OR MORE ENTITIES TREATED AS  A  SINGLE
 EMPLOYER  UNDER  SECTION  52(A)  OR  (B) OR SECTION 414(M) OR (O) OF THE
 INTERNAL REVENUE CODE. IN APPLYING SUBSECTIONS (A) AND  (B)  OF  SECTION
 52,  SECTION  1563 OF THE INTERNAL REVENUE CODE SHALL BE APPLIED WITHOUT
 REGARD TO SUBSECTION(B)(2)(C). FOR PURPOSES OF THIS ARTICLE, ENTITIES IN
 A CONTROLLED GROUP ARE TREATED AS A SINGLE ENTITY FOR PURPOSES OF  MEET-
 ING  THE  DEFINITION  OF RESPONSIBLE PARTY AND ARE JOINTLY AND SEVERALLY
 LIABLE FOR PAYMENT OF ANY COST RECOVERY DEMAND OWED BY ANY ENTITY IN THE
 CONTROLLED GROUP.
   5. "COST RECOVERY DEMAND" MEANS A CHARGE ASSERTED AGAINST A  RESPONSI-
 BLE  PARTY  FOR  COST RECOVERY PAYMENTS UNDER THE PROGRAM FOR PAYMENT TO
 THE FUND.
   6. "COVERED GREENHOUSE GAS EMISSIONS" MEANS, WITH RESPECT TO ANY ENTI-
 TY, THE TOTAL QUANTITY OF GREENHOUSE GASES RELEASED INTO THE  ATMOSPHERE
 DURING  THE  COVERED  PERIOD, EXPRESSED IN METRIC TONS OF CARBON DIOXIDE
 EQUIVALENT, AS DEFINED IN SECTION 75-0101 OF THIS CHAPTER, INCLUDING BUT
 A. 3351--A                          4

 NOT  LIMITED  TO  RELEASES  OF  GREENHOUSE  GASES  RESULTING  FROM   THE
 EXTRACTION,  STORAGE,  PRODUCTION,  REFINEMENT,  TRANSPORT, MANUFACTURE,
 DISTRIBUTION, SALE, AND  USE  OF  FOSSIL  FUELS  OR  PETROLEUM  PRODUCTS
 EXTRACTED, PRODUCED, REFINED, OR SOLD BY SUCH ENTITY.
   7.  "COVERED  PERIOD"  MEANS  THE PERIOD THAT BEGAN JANUARY FIRST, TWO
 THOUSAND AND ENDED ON DECEMBER THIRTY-FIRST, TWO THOUSAND EIGHTEEN.
   8. "CRUDE OIL" MEANS OIL OR PETROLEUM OF ANY KIND  AND  IN  ANY  FORM,
 INCLUDING BITUMEN, OIL SANDS, HEAVY OIL, CONVENTIONAL AND UNCONVENTIONAL
 OIL,  SHALE  OIL,  NATURAL  GAS LIQUIDS, CONDENSATES, AND RELATED FOSSIL
 FUELS.
   9. "ENTITY" MEANS ANY INDIVIDUAL, TRUSTEE, AGENT, PARTNERSHIP, ASSOCI-
 ATION, CORPORATION, COMPANY,  MUNICIPALITY,  POLITICAL  SUBDIVISION,  OR
 OTHER LEGAL ORGANIZATION, INCLUDING A FOREIGN NATION, THAT HOLDS OR HELD
 AN OWNERSHIP INTEREST IN A FOSSIL FUEL BUSINESS DURING THE COVERED PERI-
 OD.
   10.  "FOSSIL  FUEL" SHALL HAVE THE SAME DEFINITION AS IN SECTION 1-103
 OF THE ENERGY LAW.
   11. "FOSSIL FUEL BUSINESS" MEANS A BUSINESS ENGAGING IN THE EXTRACTION
 OF FOSSIL FUELS OR THE REFINING OF PETROLEUM PRODUCTS.
   12. "FUEL GASES" SHALL HAVE THE SAME DEFINITION AS IN SECTION 1-103 OF
 THE ENERGY LAW.
   13. "FUND" MEANS THE CLIMATE CHANGE ADAPTATION FUND ESTABLISHED PURSU-
 ANT TO SECTION NINETY-SEVEN-M OF THE STATE FINANCE LAW.
   14. "GREENHOUSE GAS" SHALL HAVE THE  SAME  DEFINITION  AS  IN  SECTION
 75-0101 OF THIS CHAPTER.
   15. "NATURE-BASED SOLUTIONS" SHALL MEAN PROJECTS THAT UTILIZE OR MIMIC
 NATURE  OR NATURAL PROCESSES AND FUNCTIONS AND THAT MAY ALSO OFFER ENVI-
 RONMENTAL, ECONOMIC, AND SOCIAL BENEFITS, WHILE  INCREASING  RESILIENCE.
 NATURE-BASED SOLUTIONS INCLUDE BOTH GREEN AND NATURAL INFRASTRUCTURE.
   16.  "NOTICE  OF COST RECOVERY DEMAND" MEANS THE WRITTEN COMMUNICATION
 INFORMING A RESPONSIBLE PARTY OF THE AMOUNT OF THE COST RECOVERY  DEMAND
 PAYABLE TO THE FUND.
   17.  "PETROLEUM PRODUCTS" SHALL HAVE THE SAME DEFINITION AS IN SECTION
 1-103 OF THE ENERGY LAW.
   18. "PROGRAM"  MEANS  THE  CLIMATE  CHANGE  ADAPTATION  COST  RECOVERY
 PROGRAM ESTABLISHED UNDER SECTION 76-0103 OF THIS ARTICLE.
   19. "QUALIFYING EXPENDITURE" MEANS AN AUTHORIZED PAYMENT FROM THE FUND
 IN  SUPPORT OF A CLIMATE CHANGE ADAPTIVE INFRASTRUCTURE PROJECT, INCLUD-
 ING ITS OPERATION AND MAINTENANCE, AS DEFINED BY THE DEPARTMENT.
   20. "RESPONSIBLE PARTY" MEANS ANY ENTITY (OR A SUCCESSOR  IN  INTEREST
 TO  SUCH ENTITY DESCRIBED HEREIN), WHICH, DURING ANY PART OF THE COVERED
 PERIOD, WAS ENGAGED IN THE TRADE OR BUSINESS OF EXTRACTING  FOSSIL  FUEL
 OR  REFINING CRUDE OIL AND IS DETERMINED BY THE DEPARTMENT TO BE RESPON-
 SIBLE FOR MORE THAN ONE BILLION TONS OF  COVERED  GREENHOUSE  GAS  EMIS-
 SIONS. THE TERM RESPONSIBLE PARTY SHALL NOT INCLUDE ANY PERSON WHO LACKS
 SUFFICIENT  CONNECTION  WITH THE STATE TO SATISFY THE NEXUS REQUIREMENTS
 OF THE UNITED STATES CONSTITUTION.
 § 76-0103. THE CLIMATE CHANGE ADAPTATION COST RECOVERY PROGRAM.
   1. THERE IS HEREBY ESTABLISHED A CLIMATE CHANGE ADAPTATION COST RECOV-
 ERY PROGRAM ADMINISTERED BY THE DEPARTMENT.
   2. THE PURPOSES OF THE PROGRAM SHALL BE THE FOLLOWING:
   A. TO SECURE COMPENSATORY PAYMENTS FROM RESPONSIBLE PARTIES BASED ON A
 STANDARD OF STRICT LIABILITY TO PROVIDE A SOURCE OF REVENUE FOR  CLIMATE
 CHANGE ADAPTIVE INFRASTRUCTURE PROJECTS WITHIN THE STATE.
   B. TO DETERMINE PROPORTIONAL LIABILITY OF RESPONSIBLE PARTIES PURSUANT
 TO SUBDIVISION THREE OF THIS SECTION;
 A. 3351--A                          5

   C.  TO  IMPOSE  COST RECOVERY DEMANDS ON RESPONSIBLE PARTIES AND ISSUE
 NOTICES OF COST RECOVERY DEMANDS;
   D. TO ACCEPT AND COLLECT PAYMENT FROM RESPONSIBLE PARTIES;
   E. TO IDENTIFY CLIMATE CHANGE ADAPTIVE INFRASTRUCTURE PROJECTS;
   F.  TO  DISPERSE  FUNDS  TO  CLIMATE  CHANGE  ADAPTIVE  INFRASTRUCTURE
 PROJECTS; AND
   G. TO ALLOCATE FUNDS IN SUCH A WAY AS TO ACHIEVE A GOAL THAT AT  LEAST
 FORTY  PERCENT  OF  THE QUALIFIED EXPENDITURES FROM THE PROGRAM, BUT NOT
 LESS THAN THIRTY-FIVE PERCENT OF SUCH EXPENDITURES, SHALL GO TO  CLIMATE
 CHANGE  ADAPTIVE  INFRASTRUCTURE  PROJECTS  THAT  BENEFIT  DISADVANTAGED
 COMMUNITIES AS DEFINED IN SECTION 75-0101 OF THIS CHAPTER.
   3. A. A RESPONSIBLE PARTY SHALL BE STRICTLY LIABLE, WITHOUT REGARD  TO
 FAULT,  FOR  A SHARE OF THE COSTS OF CLIMATE CHANGE ADAPTIVE INFRASTRUC-
 TURE PROJECTS, INCLUDING THEIR OPERATION AND MAINTENANCE,  SUPPORTED  BY
 THE FUND.
   B.  WITH  RESPECT  TO EACH RESPONSIBLE PARTY, THE COST RECOVERY DEMAND
 SHALL BE EQUAL TO AN AMOUNT THAT BEARS THE SAME  RATIO  TO  SEVENTY-FIVE
 BILLION  DOLLARS  AS THE RESPONSIBLE PARTY'S APPLICABLE SHARE OF COVERED
 GREENHOUSE GAS EMISSIONS BEARS TO THE  AGGREGATE  APPLICABLE  SHARES  OF
 COVERED GREENHOUSE GAS EMISSIONS OF ALL RESPONSIBLE PARTIES.
   C. THE APPLICABLE SHARE OF COVERED GREENHOUSE GAS EMISSIONS TAKEN INTO
 ACCOUNT UNDER THIS SECTION FOR ANY RESPONSIBLE PARTY SHALL BE THE AMOUNT
 BY  WHICH  THE  COVERED  GREENHOUSE  GAS  EMISSIONS ATTRIBUTABLE TO SUCH
 RESPONSIBLE PARTY EXCEEDS ONE BILLION METRIC TONS.
   D. WHERE AN ENTITY OWNS A MINORITY INTEREST IN ANOTHER ENTITY  OF  TEN
 PERCENT  OR  MORE,  THE  CALCULATION OF THE ENTITY'S APPLICABLE SHARE OF
 GREENHOUSE GAS EMISSIONS TAKEN INTO ACCOUNT  UNDER  THIS  SECTION  SHALL
 INCLUDE  THE  APPLICABLE  SHARE  OF  GREENHOUSE GAS EMISSIONS TAKEN INTO
 ACCOUNT UNDER THIS SECTION BY THE ENTITY IN WHICH THE RESPONSIBLE  PARTY
 HOLDS  A MINORITY INTEREST, MULTIPLIED BY THE PERCENTAGE OF THE MINORITY
 INTEREST HELD.
   E. IN DETERMINING THE AMOUNT OF GREENHOUSE GAS EMISSIONS  ATTRIBUTABLE
 TO  ANY  ENTITY, AN AMOUNT EQUIVALENT TO NINE HUNDRED FORTY-TWO AND ONE-
 HALF METRIC TONS OF  CARBON  DIOXIDE  EQUIVALENT  SHALL  BE  TREATED  AS
 RELEASED  FOR  EVERY MILLION POUNDS OF COAL ATTRIBUTABLE TO SUCH ENTITY;
 AN AMOUNT EQUIVALENT TO FOUR HUNDRED  THIRTY-TWO  THOUSAND  ONE  HUNDRED
 EIGHTY  METRIC  TONS  OF  CARBON  DIOXIDE EQUIVALENT SHALL BE TREATED AS
 RELEASED FOR EVERY MILLION BARRELS OF CRUDE  OIL  ATTRIBUTABLE  TO  SUCH
 ENTITY;  AND  AN  AMOUNT EQUIVALENT TO FIFTY-THREE THOUSAND FOUR HUNDRED
 FORTY METRIC TONS OF CARBON  DIOXIDE  EQUIVALENT  SHALL  BE  TREATED  AS
 RELEASED FOR EVERY MILLION CUBIC FEET OF FUEL GASES ATTRIBUTABLE TO SUCH
 ENTITY.
   F.  THE  COMMISSIONER  MAY ADJUST THE COST RECOVERY DEMAND AMOUNT OF A
 RESPONSIBLE PARTY REFINING PETROLEUM PRODUCTS (OR WHO IS A SUCCESSOR  IN
 INTEREST TO SUCH AN ENTITY) IF SUCH RESPONSIBLE PARTY ESTABLISHES TO THE
 SATISFACTION  OF  THE  COMMISSIONER  THAT A PORTION OF THE COST RECOVERY
 DEMAND AMOUNT WAS ATTRIBUTABLE TO THE REFINING OF CRUDE OIL EXTRACTED BY
 ANOTHER RESPONSIBLE PARTY (OR WHO IS A SUCCESSOR IN INTEREST TO SUCH  AN
 ENTITY) THAT ACCOUNTED FOR SUCH CRUDE OIL IN DETERMINING ITS COST RECOV-
 ERY DEMAND AMOUNT.
   G.  PAYMENT  OF  A  COST  RECOVERY DEMAND SHALL BE MADE IN FULL ON THE
 APPLICABLE PAYMENT DATE UNLESS A RESPONSIBLE  PARTY  ELECTS  TO  PAY  IN
 INSTALLMENTS PURSUANT TO PARAGRAPH H OF THIS SUBDIVISION.
   H.  A  RESPONSIBLE  PARTY  MAY  ELECT  TO PAY THE COST RECOVERY DEMAND
 AMOUNT IN TWENTY-FOUR ANNUAL INSTALLMENTS, EIGHT PERCENT  OF  THE  TOTAL
 DUE  IN  THE FIRST INSTALLMENT AND FOUR PERCENT OF THE TOTAL DUE IN EACH
 A. 3351--A                          6
 
 OF THE FOLLOWING TWENTY-THREE INSTALLMENTS. IF AN ELECTION IS MADE UNDER
 THIS PARAGRAPH, THE FIRST INSTALLMENT SHALL BE PAID  ON  THE  APPLICABLE
 PAYMENT  DATE  AND EACH SUBSEQUENT INSTALLMENT SHALL BE PAID ON THE SAME
 DATE AS THE APPLICABLE PAYMENT DATE IN EACH SUCCEEDING YEAR.
   I.  IF THERE IS ANY ADDITION TO THE ORIGINAL AMOUNT OF THE COST RECOV-
 ERY DEMAND FOR FAILURE TO TIMELY PAY ANY INSTALLMENT REQUIRED UNDER THIS
 SUBDIVISION, A LIQUIDATION OR SALE OF SUBSTANTIALLY ALL  THE  ASSETS  OF
 THE  RESPONSIBLE PARTY (INCLUDING IN A PROCEEDING UNDER U.S. CODE: TITLE
 11 OR SIMILAR CASE), A CESSATION OF BUSINESS BY THE  RESPONSIBLE  PARTY,
 OR  ANY  SIMILAR  CIRCUMSTANCE, THEN THE UNPAID BALANCE OF ALL REMAINING
 INSTALLMENTS SHALL BE DUE ON THE DATE OF SUCH EVENT (OR IN THE CASE OF A
 PROCEEDING UNDER U.S. CODE: TITLE 11 OR SIMILAR CASE, ON THE DAY  BEFORE
 THE  PETITION  IS  FILED). THE PRECEDING SENTENCE SHALL NOT APPLY TO THE
 SALE OF SUBSTANTIALLY ALL OF THE ASSETS OF  A  RESPONSIBLE  PARTY  TO  A
 BUYER  IF  SUCH BUYER ENTERS INTO AN AGREEMENT WITH THE DEPARTMENT UNDER
 WHICH SUCH BUYER IS LIABLE FOR THE REMAINING INSTALLMENTS DUE UNDER THIS
 SUBDIVISION IN THE SAME MANNER AS IF SUCH  BUYER  WERE  THE  RESPONSIBLE
 PARTY.
   4.  A.  WITHIN  ONE  YEAR  OF  THE EFFECTIVE DATE OF THIS ARTICLE, THE
 DEPARTMENT SHALL PROMULGATE SUCH REGULATIONS AS ARE NECESSARY  TO  CARRY
 OUT THIS ARTICLE, INCLUDING BUT NOT LIMITED TO:
   I.  ADOPTING  METHODOLOGIES USING THE BEST AVAILABLE SCIENCE TO DETER-
 MINE RESPONSIBLE PARTIES AND THEIR APPLICABLE SHARE  OF  COVERED  GREEN-
 HOUSE GAS EMISSIONS CONSISTENT WITH THE PROVISIONS OF THIS ARTICLE;
   II.  REGISTERING  ENTITIES  THAT  ARE  RESPONSIBLE  PARTIES  UNDER THE
 PROGRAM;
   III. ISSUING NOTICES OF COST RECOVERY DEMAND  TO  RESPONSIBLE  PARTIES
 INFORMING  THEM  OF  THE COST RECOVERY DEMAND AMOUNT; HOW AND WHERE COST
 RECOVERY DEMANDS CAN BE PAID; THE POTENTIAL CONSEQUENCES  OF  NONPAYMENT
 AND  LATE  PAYMENT; AND INFORMATION REGARDING THEIR RIGHTS TO CONTEST AN
 ASSESSMENT;
   IV. ACCEPTING PAYMENTS FROM, PURSUING COLLECTION EFFORTS AGAINST,  AND
 NEGOTIATING SETTLEMENTS WITH RESPONSIBLE PARTIES; AND
   V.  ADOPTING  PROCEDURES  FOR IDENTIFYING AND SELECTING CLIMATE CHANGE
 ADAPTIVE INFRASTRUCTURE PROJECTS ELIGIBLE TO RECEIVE QUALIFYING EXPENDI-
 TURES, INCLUDING LEGISLATIVE BUDGET APPROPRIATIONS, ISSUANCE OF REQUESTS
 FOR PROPOSALS FROM LOCALITIES AND NOT-FOR-PROFIT AND COMMUNITY ORGANIZA-
 TIONS, GRANTS TO PRIVATE INDIVIDUALS, OR OTHER METHODS AS DETERMINED  BY
 THE  DEPARTMENT,  AND FOR DISPERSING MONEYS FROM THE FUND FOR QUALIFYING
 EXPENDITURES.   WHEN CONSIDERING PROJECTS INTENDED  TO  STABILIZE  TIDAL
 SHORELINES,  THE  DEPARTMENT  SHALL  ENCOURAGE  THE  USE OF NATURE-BASED
 SOLUTIONS.  TOTAL QUALIFYING EXPENDITURES SHALL BE ALLOCATED IN  SUCH  A
 WAY  AS  TO  ACHIEVE A GOAL THAT AT LEAST FORTY PERCENT OF THE QUALIFIED
 EXPENDITURES FROM THE PROGRAM, BUT NOT LESS THAN THIRTY-FIVE PERCENT  OF
 SUCH  EXPENDITURES,  SHALL  GO TO CLIMATE CHANGE ADAPTIVE INFRASTRUCTURE
 PROJECTS THAT BENEFIT DISADVANTAGED COMMUNITIES AS  DEFINED  IN  SECTION
 75-0101 OF THIS CHAPTER.
   B. THE DEPARTMENT SHALL HOLD AT LEAST TWO PUBLIC HEARINGS, ONE IN-PER-
 SON  AND  ONE VIRTUAL, ON PROPOSED REGULATIONS, WITH A MINIMUM OF THIRTY
 DAYS' PUBLIC NOTICE IN COMPLIANCE WITH THE PROVISIONS OF  ARTICLE  SEVEN
 OF THE PUBLIC OFFICERS LAW.
   5. WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS ARTICLE, THE DEPART-
 MENT  SHALL  COMPLETE  A STATEWIDE CLIMATE CHANGE ADAPTATION MASTER PLAN
 FOR THE PURPOSE OF GUIDING THE DISPERSAL OF FUNDS  IN  A  TIMELY,  EFFI-
 CIENT,  AND  EQUITABLE  MANNER TO ALL REGIONS OF THE STATE IN ACCORDANCE
 A. 3351--A                          7
 
 WITH THE PROVISIONS OF  THIS  CHAPTER.  IN  COMPLETING  SUCH  PLAN,  THE
 DEPARTMENT SHALL:
   A. COLLABORATE WITH THE DEPARTMENT OF STATE, EMPIRE STATE DEVELOPMENT,
 THE  DEPARTMENT  OF  AGRICULTURE  AND MARKETS, THE NEW YORK STATE ENERGY
 RESEARCH AND DEVELOPMENT AUTHORITY, THE DEPARTMENT  OF  PUBLIC  SERVICE,
 AND THE NEW YORK INDEPENDENT SYSTEMS OPERATOR;
   B.  ASSESS  THE  ADAPTATION NEEDS AND VULNERABILITIES OF VARIOUS AREAS
 VITAL TO THE STATE'S ECONOMY, NORMAL FUNCTIONING,  AND  THE  HEALTH  AND
 WELL-BEING  OF  NEW  YORKERS, INCLUDING BUT NOT LIMITED TO: AGRICULTURE,
 BIODIVERSITY, ECOSYSTEM SERVICES, EDUCATION, FINANCE, HEALTHCARE,  MANU-
 FACTURING, HOUSING AND REAL ESTATE, RETAIL, TOURISM (INCLUDING STATE AND
 MUNICIPAL PARKS), TRANSPORTATION, AND MUNICIPAL AND LOCAL GOVERNMENT.
   C.  IDENTIFY  MAJOR  POTENTIAL,  PROPOSED,  AND ONGOING CLIMATE CHANGE
 ADAPTIVE INFRASTRUCTURE PROJECTS THROUGHOUT THE STATE;
   D. IDENTIFY OPPORTUNITIES FOR ALIGNMENT WITH EXISTING FEDERAL,  STATE,
 AND LOCAL FUNDING STREAMS;
   E. CONSULT WITH STAKEHOLDERS, INCLUDING LOCAL GOVERNMENTS, BUSINESSES,
 ENVIRONMENTAL  ADVOCATES,  RELEVANT  SUBJECT AREA EXPERTS, AND REPRESEN-
 TATIVES OF DISADVANTAGED COMMUNITIES; AND
   F. PROVIDE OPPORTUNITIES FOR PUBLIC ENGAGEMENT IN ALL REGIONS  OF  THE
 STATE.
   6.  THE  DEPARTMENT,  THE  DEPARTMENT OF TAXATION AND FINANCE, AND THE
 ATTORNEY GENERAL ARE HEREBY AUTHORIZED TO ENFORCE THE PROVISIONS OF THIS
 ARTICLE.
   7. THE DEPARTMENT OR THE DEPARTMENT  OF  TAXATION  AND  FINANCE  SHALL
 PROVIDE  AN OPPORTUNITY TO BE HEARD TO ANY RESPONSIBLE PARTIES THAT SEEK
 TO CONTEST A COST RECOVERY DEMAND. DETERMINATIONS MADE  IN  FAVOR  OF  A
 PETITIONER  AFTER SUCH HEARING SHALL BE FINAL AND CONCLUSIVE. A DETERMI-
 NATION IN FAVOR OF THE STATE MAY BE APPEALED UNDER ARTICLE SEVENTY-EIGHT
 OF THE CIVIL PRACTICE LAW AND RULES.
   8. MONEYS RECEIVED FROM COST RECOVERY DEMANDS SHALL  BE  DEPOSITED  IN
 THE CLIMATE CHANGE ADAPTATION FUND ESTABLISHED PURSUANT TO SECTION NINE-
 TY-SEVEN-M OF THE STATE FINANCE LAW.
   9.  A.  THE  DEPARTMENT SHALL CONDUCT AN INDEPENDENT EVALUATION OF THE
 CLIMATE CHANGE ADAPTATION COST RECOVERY PROGRAM.  THE  PURPOSE  OF  THIS
 EVALUATION IS TO DETERMINE THE EFFECTIVENESS OF THE PROGRAM IN ACHIEVING
 ITS PURPOSES AS DEFINED IN SUBDIVISION TWO OF THIS SECTION.
   B.  SUCH  EVALUATION  SHALL BE PROVIDED TO THE GOVERNOR, THE TEMPORARY
 PRESIDENT OF THE SENATE AND THE SPEAKER OF THE  ASSEMBLY  ON  OR  BEFORE
 JANUARY  FIRST  OF  THE SECOND CALENDAR YEAR FOLLOWING THE YEAR IN WHICH
 THIS ARTICLE IS ENACTED INTO LAW, AND ANNUALLY ON  OR  BEFORE  SEPTEMBER
 THIRTIETH THEREAFTER.
   C.  ANY ENTITY CONTRACTED BY THE DEPARTMENT TO CONDUCT SUCH EVALUATION
 SHALL RECEIVE PROMPT PAYMENT OF ALL MONEYS DUE UPON COMPLETION  OF  SUCH
 EVALUATION.
 § 76-0105. LABOR AND JOB STANDARDS AND WORKER PROTECTION.
   1.  ALL  PUBLIC  ENTITIES  INVOLVED  IN  IMPLEMENTING  PROJECTS FUNDED
 THROUGH THE CLIMATE CHANGE ADAPTATION COST RECOVERY PROGRAM SHALL ASSESS
 AND  IMPLEMENT  STRATEGIES  TO  INCREASE  EMPLOYMENT  OPPORTUNITIES  AND
 IMPROVE  JOB  QUALITY.  WITHIN  ONE HUNDRED TWENTY DAYS OF THE EFFECTIVE
 DATE OF THIS SECTION, THE GOVERNOR SHALL PUBLISH A REPORT, ACCESSIBLE ON
 THE STATE'S WEBSITE, WHICH PROVIDES:
   A. STEPS THAT WILL BE TAKEN TO ENSURE COMPLIANCE  WITH  THIS  SECTION,
 INCLUDING THE DEPARTMENT OR OFFICE, OR COMBINATION THEREOF, CHARGED WITH
 IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION;
 A. 3351--A                          8
 
   B. REGULATIONS NECESSARY TO ENSURE THE PRIORITIZATION OF THE STATEWIDE
 GOAL OF CREATING GOOD JOBS AND INCREASING EMPLOYMENT OPPORTUNITIES; AND
   C.  STEPS THAT WILL BE TAKEN WITH ALL PUBLIC ENTITIES, INCLUDING LOCAL
 AND COUNTY LEVEL GOVERNMENTS, TO IMPLEMENT A SYSTEM TO TRACK COMPLIANCE,
 ACCEPT REPORTS OF NON-COMPLIANCE  FOR  ENFORCEMENT  ACTION,  AND  REPORT
 ANNUALLY  ON THE ADOPTION OF THESE STANDARDS TO THE LEGISLATURE STARTING
 ONE YEAR FROM THE EFFECTIVE DATE OF THIS SECTION.
   2. FOR PURPOSES OF THIS SECTION, "PUBLIC  ENTITY"  SHALL  INCLUDE  THE
 STATE  AND  ALL OF ITS POLITICAL SUBDIVISIONS, INCLUDING BUT NOT LIMITED
 TO  COUNTIES,  MUNICIPALITIES,  AGENCIES,  AUTHORITIES,  PUBLIC  BENEFIT
 CORPORATIONS,  PUBLIC  TRUSTS,  AND  LOCAL  DEVELOPMENT  CORPORATIONS AS
 DEFINED IN SUBDIVISION EIGHT OF SECTION  EIGHTEEN  HUNDRED  ONE  OF  THE
 PUBLIC  AUTHORITIES  LAW  OR SECTION FOURTEEN HUNDRED ELEVEN OF THE NOT-
 FOR-PROFIT CORPORATION  LAW,  A  MUNICIPAL  CORPORATION  AS  DEFINED  IN
 SECTION  ONE  HUNDRED NINETEEN-N OF THE GENERAL MUNICIPAL LAW, AN INDUS-
 TRIAL DEVELOPMENT AGENCY FORMED PURSUANT TO ARTICLE  EIGHTEEN-A  OF  THE
 GENERAL  MUNICIPAL  LAW  OR  INDUSTRIAL  DEVELOPMENT  AUTHORITIES FORMED
 PURSUANT TO ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW, AND ANY  STATE,
 LOCAL  OR  INTERSTATE OR INTERNATIONAL AUTHORITIES AS DEFINED IN SECTION
 TWO OF THE PUBLIC AUTHORITIES LAW; AND SHALL INCLUDE ANY  TRUST  CREATED
 BY ANY SUCH ENTITIES.
   3.   IN   CONSIDERING  AND  ISSUING  PERMITS,  LICENSES,  REGULATIONS,
 CONTRACTS AND OTHER ADMINISTRATIVE APPROVALS AND DECISIONS NECESSARY FOR
 IMPLEMENTATION OF PROJECTS FUNDED IN WHOLE,  OR  IN  PART,  THROUGH  THE
 CLIMATE  CHANGE  ADAPTATION  COST  RECOVERY PROGRAM, ALL PUBLIC ENTITIES
 SHALL APPLY THE FOLLOWING STANDARDS:
   A. FOR ANY CONSTRUCTION WORK, THE PAYMENT OF NO LESS  THAN  PREVAILING
 WAGES  FOR ALL EMPLOYEES OF ANY CONTRACTORS AND SUBCONTRACTORS, CONSIST-
 ENT WITH SECTIONS TWO HUNDRED TWENTY, TWO HUNDRED TWENTY-A, TWO  HUNDRED
 TWENTY-B,  TWO  HUNDRED  TWENTY-I,  TWO  HUNDRED  TWENTY-THREE,  AND TWO
 HUNDRED TWENTY-FOUR-B OF THE LABOR LAW, AND BUILDING SERVICES,  CONSIST-
 ENT  WITH  ARTICLE NINE OF THE LABOR LAW; WHERE A RECIPIENT OF FINANCIAL
 ASSISTANCE CONTRACTS BUILDING SERVICE WORK OR OPERATIONS AND MAINTENANCE
 WORK TO A BUILDING SERVICE CONTRACTOR, THE CONTRACTOR  IS  HELD  TO  THE
 SAME  OBLIGATIONS WITH RESPECT TO PREVAILING WAGES AS THE RECIPIENT. THE
 RECIPIENT MUST INCLUDE TERMS ESTABLISHING  THIS  OBLIGATION  WITHIN  ANY
 CONTRACT SIGNED WITH A CONTRACTOR.
   B.  (I) ANY PUBLIC ENTITY RECEIVING AT LEAST FIVE MILLION DOLLARS FROM
 FUNDS ALLOCATED PURSUANT TO THE CLIMATE CHANGE ADAPTATION COST  RECOVERY
 PROGRAM  FOR  A PROJECT WHICH INVOLVES THE CONSTRUCTION, RECONSTRUCTION,
 ALTERATION, MAINTENANCE, MOVING, DEMOLITION, EXCAVATION, DEVELOPMENT  OR
 OTHER  IMPROVEMENT  OF ANY BUILDING, STRUCTURE OR LAND, SHALL BE SUBJECT
 TO SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW.
   (II) ANY PRIVATELY OWNED PROJECT RECEIVING FUNDS ALLOCATED PURSUANT TO
 THE CLIMATE CHANGE ADAPTATION COST RECOVERY  PROGRAM  WHICH  UTILIZES  A
 PROJECT  LABOR AGREEMENT ON SUCH PROJECT SHALL NOT BE SUBJECT TO ARTICLE
 EIGHT OF THE LABOR LAW.
   C. THE INCLUSION OF CONTRACT LANGUAGE REQUIRING CONTRACTORS TO  ESTAB-
 LISH  LABOR  HARMONY  POLICIES.  THE PUBLIC ENTITY MAY REQUIRE A PRIVATE
 OWNER, OR A THIRD PARTY ACTING ON SUCH OWNER'S BEHALF, AS A CONDITION OF
 RECEIVING FUNDS PURSUANT TO THE CLIMATE CHANGE ADAPTATION COST  RECOVERY
 PROGRAM,  TO  STIPULATE  TO  THE PUBLIC ENTITY THAT IT WILL ENTER INTO A
 LABOR PEACE AGREEMENT WITH AT LEAST ONE  BONA  FIDE  LABOR  ORGANIZATION
 EITHER  WHERE SUCH BONA FIDE LABOR ORGANIZATION IS ACTIVELY REPRESENTING
 EMPLOYEES IN SUCH JOB-TYPE OR, UPON NOTICE, BY A BONA FIDE LABOR  ORGAN-
 IZATION THAT IS ATTEMPTING TO REPRESENT EMPLOYEES IN SUCH JOB-TYPE.  FOR
 A. 3351--A                          9
 
 PURPOSES  OF  THIS  SECTION  "LABOR  PEACE AGREEMENT" MEANS AN AGREEMENT
 BETWEEN AN ENTITY AND LABOR ORGANIZATION THAT, AT  A  MINIMUM,  PROTECTS
 THE STATE'S PROPRIETARY INTERESTS BY PROHIBITING LABOR ORGANIZATIONS AND
 MEMBERS FROM ENGAGING IN WORK STOPPAGES, BOYCOTTS, AND ANY OTHER ECONOM-
 IC INTERFERENCE WITH THE RELEVANT PROJECT OR PROGRAM.
   D.  (I)  THE  INCLUSION OF CONTRACT LANGUAGE WITH A PROVISION THAT THE
 IRON,  STEEL,  ALUMINUM,  GLASS,  COPPER,  MANUFACTURED  PRODUCTS,   AND
 CONSTRUCTION  PRODUCTS, INCLUDING WITHOUT LIMITATION, VEHICLES, OMNIBUS-
 ES, SCHOOL BUSES, TRUCKS, CONSTRUCTION EQUIPMENT,  EARTH  MOVING  EQUIP-
 MENT,  CRANES,  DRILLING  EQUIPMENT, ROLLING STOCK, TRAIN CONTROL EQUIP-
 MENT, COMMUNICATION EQUIPMENT, TRACTION POWER EQUIPMENT,  ROLLING  STOCK
 PROTOTYPES,  ROLLING  STOCK FRAMES, ROLLING STOCK CAR SHELLS, BATTERIES,
 CHARGING EQUIPMENT, FUEL CELLS, FUELING EQUIPMENT,  TURBINES,  NACELLES,
 BLADES,  ROTORS,  GENERATORS, MOTORS, HUBS, CABLE, CONDUIT, CONTROLLERS,
 TOWERS, PHOTOVOLTAIC  CELLS,  SOLAR  PANELS,  METERS,  INVERTERS,  PIPE,
 TUBING, FITTINGS, TANKS, FLANGES, VALVES, CONCRETE, REBAR, BRICK, AGGRE-
 GATE,  CONCRETE BLOCK, CEMENT, TIMBER, LUMBER, TILE, AND DRYWALL USED OR
 SUPPLIED IN THE PERFORMANCE OF THE CONTRACT OR ANY SUBCONTRACT  THERETO,
 SHALL  BE  PRODUCED  OR  MADE IN WHOLE OR SUBSTANTIAL PART IN THE UNITED
 STATES, ITS TERRITORIES OR POSSESSIONS. IN THE CASE OF AN  IRON,  STEEL,
 OR  ALUMINUM  PRODUCT,  ALL  MANUFACTURING MUST TAKE PLACE IN THE UNITED
 STATES, FROM THE INITIAL MELTING STAGE THROUGH THE APPLICATION OF  COAT-
 INGS,  EXCEPT  METALLURGICAL PROCESSES INVOLVING THE REFINEMENT OF STEEL
 ADDITIVES.
   (II) THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS  PARAGRAPH  SHALL  NOT
 APPLY  IN  ANY  CASE  OR  CATEGORY  OF  CASES  IN  WHICH THE HEAD OF THE
 CONTRACTING PUBLIC ENTITY FINDS THAT: (1) APPLYING SUBPARAGRAPH  (I)  OF
 THIS  PARAGRAPH  WOULD  BE  INCONSISTENT  WITH  THE PUBLIC INTEREST; (2)
 PRODUCTS ARE NOT PRODUCED IN THE UNITED STATES IN SUFFICIENT AND REASON-
 ABLY AVAILABLE QUANTITIES AND OF A SATISFACTORY QUALITY; OR  (3)  INCLU-
 SION OF PRODUCTS PRODUCED IN THE UNITED STATES WILL INCREASE THE COST OF
 THE OVERALL PROJECT BY MORE THAN TWENTY-FIVE PERCENT. IF THE HEAD OF THE
 CONTRACTING  PUBLIC  ENTITY  RECEIVES  A REQUEST FOR A WAIVER UNDER THIS
 SUBDIVISION, HE OR SHE SHALL MAKE AVAILABLE TO THE PUBLIC ON AN INFORMAL
 BASIS A COPY OF THE REQUEST AND INFORMATION  AVAILABLE  TO  HIM  OR  HER
 CONCERNING THE REQUEST, AND SHALL ALLOW FOR INFORMAL PUBLIC INPUT ON THE
 REQUEST FOR AT LEAST FIFTEEN DAYS PRIOR TO MAKING A FINDING BASED ON THE
 REQUEST.  THE  HEAD  OF  THE  CONTRACTING  PUBLIC  ENTITY SHALL MAKE THE
 REQUEST AND ACCOMPANYING  INFORMATION  AVAILABLE  BY  ELECTRONIC  MEANS,
 INCLUDING  ON  THE  OFFICIAL  PUBLIC  WEBSITE  OF THE PUBLIC ENTITY. THE
 PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH  SHALL  NOT  APPLY  FOR
 PRODUCTS PURCHASED PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE.
   (III)  THE  HEAD  OF  THE CONTRACTING PUBLIC ENTITY MAY, AT HIS OR HER
 SOLE DISCRETION, PROVIDE FOR A SOLICITATION OF A REQUEST  FOR  PROPOSAL,
 INVITATION  FOR  BID,  OR  SOLICITATION OF PROPOSAL, OR ANY OTHER METHOD
 PROVIDED FOR BY LAW OR REGULATION FOR SOLICITING A RESPONSE  FROM  OFFE-
 RORS  INTENDING  TO  RESULT  IN  A  CONTRACT  PURSUANT TO THIS PARAGRAPH
 INVOLVING A COMPETITIVE PROCESS IN WHICH  THE  EVALUATION  OF  COMPETING
 BIDS  GIVES  SIGNIFICANT  CONSIDERATION IN THE EVALUATION PROCESS TO THE
 PROCUREMENT OF EQUIPMENT AND SUPPLIES FROM  BUSINESSES  LOCATED  IN  NEW
 YORK STATE.
   E.  APPRENTICESHIP AND WORKFORCE DEVELOPMENT UTILIZATION: (I) WHEREVER
 POSSIBLE, CONTRACTORS AND SUBCONTRACTORS SHOULD BE REQUIRED  TO  PARTIC-
 IPATE  IN APPRENTICESHIP PROGRAMS, REGISTERED IN ACCORDANCE WITH ARTICLE
 TWENTY-THREE OF THE LABOR LAW, IN THE TRADES IN WHICH THEY ARE  PERFORM-
 ING  WORK;  (II) FOR INDUSTRIES WITHOUT APPRENTICESHIP PROGRAMS, THE USE
 A. 3351--A                         10
 
 OF WORKFORCE TRAINING, PREFERABLY IN CONJUNCTION WITH A BONA FIDE  LABOR
 ORGANIZATION,  SHALL  BE REQUIRED; AND (III) ENCOURAGEMENT OF REGISTERED
 PRE-APPRENTICESHIP DIRECT ENTRY PROGRAMS FOR THE  RECRUITMENT  OF  LOCAL
 AND/OR DISADVANTAGED WORKERS.
   F. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ALL RIGHTS OR
 BENEFITS,  INCLUDING  TERMS AND CONDITIONS OF EMPLOYMENT, AND PROTECTION
 OF CIVIL SERVICE AND COLLECTIVE BARGAINING STATUS OF ALL EXISTING PUBLIC
 EMPLOYEES SHALL BE PRESERVED AND  PROTECTED.  NOTHING  IN  THIS  SECTION
 SHALL  RESULT  IN THE: (I) DISPLACEMENT OF ANY CURRENTLY EMPLOYED WORKER
 OR LOSS OF POSITION (INCLUDING PARTIAL DISPLACEMENT SUCH AS A  REDUCTION
 IN  THE  HOURS  OF  NON-OVERTIME WORK, WAGES, OR EMPLOYMENT BENEFITS) OR
 RESULT IN THE IMPAIRMENT OF EXISTING COLLECTIVE  BARGAINING  AGREEMENTS;
 (II)  TRANSFER  OF  EXISTING DUTIES AND FUNCTIONS RELATED TO MAINTENANCE
 AND OPERATIONS CURRENTLY PERFORMED BY EXISTING EMPLOYEES  OF  AUTHORIZED
 ENTITIES TO A CONTRACTING ENTITY; OR (III) TRANSFER OF FUTURE DUTIES AND
 FUNCTIONS  ORDINARILY PERFORMED BY EMPLOYEES OF AUTHORIZED ENTITIES TO A
 CONTRACTING ENTITY.
   4. A. ANY PUBLIC ENTITY REQUESTING  BIDS  OR  AWARDING  CONTRACTS  FOR
 RENEWABLE ENERGY PROJECTS, ENERGY EFFICIENCY PROJECTS, OR OTHER PROJECTS
 FUNDED  BY  THE  CLIMATE CHANGE ADAPTATION COST RECOVERY PROGRAM, EXCEPT
 FOR CONSTRUCTION PROJECTS,  SHALL  REQUIRE  ANY  APPLICANT,  BIDDER,  OR
 RESPONDER TO SUBMIT A NEW YORK JOBS PLAN AS PART OF ITS APPLICATION, BID
 OR  RESPONSE. THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, IN CONSULTA-
 TION WITH THE DEPARTMENT OF LABOR, SHALL DEVELOP ALL FORMS,  PROCEDURES,
 EVALUATION  AND SCORING CRITERIA, AND GUIDANCE, NECESSARY FOR THE IMPLE-
 MENTATION OF THE NEW YORK JOBS PLAN. TO THE EXTENT FEASIBLE, THE DEPART-
 MENT OF ENVIRONMENTAL CONSERVATION, IN CONSULTATION WITH THE  DEPARTMENT
 OF  LABOR,  SHALL  CONSIDER  THE  INPUT  AND RECOMMENDATIONS OF RELEVANT
 PUBLIC ENTITIES ON THE DEVELOPMENT OF THE NEW YORK JOBS PLAN.
   B. THE NEW YORK JOBS  PLAN  SHALL  REQUIRE  APPLICANTS,  BIDDERS,  AND
 RESPONDERS  TO  PROVIDE INFORMATION ON JOBS THAT WOULD RESULT FROM BEING
 AWARDED THE BID OR CONTRACT FOR SUCH PROJECTS. AT A MINIMUM, THIS  SHALL
 INCLUDE  THE  FOLLOWING INFORMATION FOR NONSUPERVISORY POSITIONS, BROKEN
 DOWN BY CLASSIFICATION:
   (I) THE NUMBER OF  FULL-TIME  NON-TEMPORARY  JOBS  RETAINED,  AND  THE
 NUMBER TO BE CREATED.
   (II)  THE  NUMBER  OF POSITIONS CLASSIFIED AS EMPLOYEES, AS DEFINED IN
 SECTION SEVEN HUNDRED FORTY OF THE LABOR LAW, AND  POSITIONS  CLASSIFIED
 AS INDEPENDENT CONTRACTORS.
   (III)  THE  NUMBER OF JOBS TO BE SPECIFICALLY RESERVED FOR INDIVIDUALS
 FACING BARRIERS TO EMPLOYMENT AND THE NUMBER TO BE RESERVED FOR INDIVID-
 UALS FROM DISADVANTAGED COMMUNITIES.
   (IV) THE MINIMUM WAGES AND FRINGE BENEFITS AMOUNTS TO BE PAID.
   (V) THE PROPOSED AMOUNTS FOR WORKER TRAINING AND INFORMATION ABOUT ANY
 EXISTING APPRENTICESHIP PROGRAM REGISTERED  WITH  THE  DEPARTMENT  OR  A
 FEDERALLY  RECOGNIZED STATE APPRENTICESHIP AGENCY THAT COMPLIES WITH THE
 REQUIREMENTS UNDER PARTS 29 AND 30 OF TITLE 29, CODE  OF  FEDERAL  REGU-
 LATIONS.
   (VI) IN THE EVENT THAT A FEDERAL AUTHORITY SPECIFICALLY AUTHORIZES USE
 OF  A  GEOGRAPHIC PREFERENCE OR WHEN COVERED PUBLIC CONTRACTS ARE FUNDED
 EXCLUSIVELY THROUGH STATE OR LOCAL FUNDS, THE NEW YORK JOBS  PLAN  SHALL
 REQUIRE INFORMATION ON THE NUMBER OF LOCAL JOBS TO BE CREATED.
   C.  AWARDING PUBLIC ENTITIES SHALL REQUIRE THE SAME NEW YORK JOBS PLAN
 INFORMATION TO BE SUBMITTED FROM ALL KNOWN SUBCONTRACTORS AT THE TIME OF
 THE SOLICITATION OR BID FOR THE PROJECT IS RELEASED.
 A. 3351--A                         11
 
   D. NEW YORK JOBS PLAN COMMITMENTS SHALL BE INCLUDED  IN  THE  CONTRACT
 AWARDED BY THE PUBLIC ENTITY OR ITS CONTRACTORS AS A MATERIAL TERM.
   E.  FOR  NON-COMPETITIVE  PUBLIC CONTRACTS AWARDED UNDER THIS ARTICLE,
 APPLICANTS, BIDDERS, OR RESPONDERS SHALL CREATE A NEW YORK JOBS PLAN  AS
 SET  FORTH  IN  THIS  SECTION.  FOR COMPETITIVE PUBLIC CONTRACTS, PUBLIC
 ENTITIES SHALL  AWARD  CONTRACTS  USING  A  COMPETITIVE  BEST-VALUE  BID
 PROCUREMENT  PROCESS. THE APPLICANTS', BIDDERS', OR RESPONDERS' NEW YORK
 JOBS PLAN SHALL BE SCORED AS A PART OF THE OVERALL APPLICATION  FOR  THE
 PUBLIC   CONTRACT,  AWARDING  ADDITIONAL  CONSIDERATION  TO  APPLICANTS,
 BIDDERS, OR RESPONDERS WHO DO ANY OF THE FOLLOWING:
   (I) HAVE THE GREATEST BENEFICIAL ECONOMIC  IMPACT  ON  THE  STATE  AND
 LOCAL  ECONOMIES  AS A RESULT OF RECEIVING THE PUBLIC CONTRACT, BASED ON
 THE PRIORITY CRITERIA OUTLINED IN ITS NEW YORK JOBS PLAN.
   (II) ENHANCE THE STATE'S COMMITMENT TO ENERGY CONSERVATION,  POLLUTION
 AND GREENHOUSE GAS EMISSIONS REDUCTION, AND TRANSPORTATION EFFICIENCY.
   (III) RETAIN THE GREATEST NUMBER OF FULL-TIME, NON-TEMPORARY EMPLOYEES
 COMPENSATED  AT  A WAGE RATE FOR THE PROJECT JURISDICTION AS ESTABLISHED
 IN THE LIVING WAGE CALCULATOR PUBLISHED BY THE  MASSACHUSETTS  INSTITUTE
 OF TECHNOLOGY, USING THE LIVING WAGE RATE FOR A HOUSEHOLD OF TWO WORKING
 ADULTS WITH TWO CHILDREN IN THE JURISDICTION OF THE PROJECT.
   (IV)  MAKE  CONCRETE  COMMITMENTS  TO  CREATING THE GREATEST NUMBER OF
 FULL-TIME, NON-TEMPORARY JOBS COMPENSATING EMPLOYEES AT A WAGE  RATE  AT
 OR  ABOVE  THE  LIVING  WAGE RATE FOR THE PROJECT JURISDICTION AS ESTAB-
 LISHED IN THE LIVING WAGE  CALCULATOR  PUBLISHED  BY  THE  MASSACHUSETTS
 INSTITUTE  OF  TECHNOLOGY, USING THE LIVING WAGE RATE FOR A HOUSEHOLD OF
 TWO WORKING ADULTS WITH TWO CHILDREN IN THE JURISDICTION OF THE PROJECT.
   (V) COMMIT TO AT LEAST NINETY PERCENT OF THE  LABOR  ON  THE  CONTRACT
 BEING PERFORMED BY WORKERS CLASSIFIED AS EMPLOYEES.
   (VI)  OFFER TARGETED TRAINING AND OPPORTUNITIES FOR INDIVIDUALS FACING
 BARRIERS TO EMPLOYMENT AND WORKERS FROM DISADVANTAGED COMMUNITIES.
   F. THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF LABOR, SHALL
 DEVELOP A WEB-BASED PORTAL TO TRACK NEW YORK JOBS PLAN  COMMITMENTS  AND
 COMPLIANCE.
   (I)  ALL NEW YORK JOBS PLAN COMMITMENTS AND COMPLIANCE REPORTING SHALL
 BE VIEWABLE BY THE PUBLIC, THROUGH THE WEB-BASED PORTAL.
   (II) RECIPIENTS OF PUBLIC CONTRACTS SHALL,  ON  AN  ANNUAL  BASIS,  BE
 REQUIRED  TO UPLOAD PROGRESS REPORTS ON EACH OF THE COMMITMENTS INCLUDED
 IN THEIR NEW YORK JOBS PLAN APPLICATION, FOR THE DURATION OF THE COVERED
 PUBLIC CONTRACT.
   G. NONCOMPLIANCE WITH NEW YORK JOBS PLAN COMMITMENTS WOULD VIOLATE THE
 TERMS OF THE PUBLIC CONTRACT. AT A MINIMUM THESE  COMMITMENTS  WOULD  BE
 ENFORCEABLE  THROUGH STANDARD BREACH OF CONTRACT REMEDIES, INCLUDING BUT
 NOT LIMITED TO, TERMINATION OF THE PUBLIC CONTRACT.
   5. NOTHING SET FORTH IN THIS SECTION SHALL  BE  CONSTRUED  TO  IMPEDE,
 INFRINGE,  OR DIMINISH THE RIGHTS AND BENEFITS WHICH ACCRUE TO EMPLOYEES
 THROUGH BONA FIDE COLLECTIVE BARGAINING AGREEMENTS, OR OTHERWISE  DIMIN-
 ISH THE INTEGRITY OF THE EXISTING COLLECTIVE BARGAINING RELATIONSHIP.
   6.  NOTHING  SET  FORTH IN THIS SECTION SHALL PRECLUDE A PUBLIC ENTITY
 FROM SETTING ADDITIONAL REQUIREMENTS OR STANDARDS IN ADDITION  TO  THOSE
 SET FORTH IN THIS ARTICLE.
   §  4. The state finance law is amended by adding a new section 97-m to
 read as follows:
   § 97-M. CLIMATE CHANGE ADAPTATION FUND. 1. THERE IS HEREBY ESTABLISHED
 IN THE CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF  TAXATION  AND
 FINANCE  A  SPECIAL  REVOLVING  FUND  TO BE KNOWN AS THE "CLIMATE CHANGE
 ADAPTATION FUND" FOR THE PURPOSE OF RECEIVING MONEYS THROUGH COST RECOV-
 A. 3351--A                         12
 
 ERY DEMANDS AND ISSUING FUNDS FOR QUALIFYING  EXPENDITURES  PURSUANT  TO
 THE CLIMATE CHANGE ADAPTATION COST RECOVERY PROGRAM ESTABLISHED IN ARTI-
 CLE SEVENTY-SIX OF THE ENVIRONMENTAL CONSERVATION LAW.
   2.  NO  MONIES  SHALL BE EXPENDED FROM THE FUND FOR ANY PROJECT EXCEPT
 QUALIFYING EXPENDITURES PURSUANT TO THE PROGRAM, INCLUDING THEIR  OPERA-
 TION  AND  MAINTENANCE,  AS  WELL  AS  REASONABLE  COSTS INCURRED BY THE
 DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR ADMINISTERING THE PROGRAM.
   3. REVENUES IN THE FUND SHALL  BE  KEPT  SEPARATE  AND  SHALL  NOT  BE
 COMMINGLED  WITH  ANY  OTHER MONEYS IN THE CUSTODY OF THE COMPTROLLER OR
 THE COMMISSIONER OF TAXATION AND FINANCE. ALL DEPOSITS OF SUCH  REVENUES
 SHALL,  IF REQUIRED BY THE COMPTROLLER, BE SECURED BY OBLIGATIONS OF THE
 UNITED STATES OR OF THE STATE HAVING A MARKET VALUE EQUAL AT  ALL  TIMES
 TO  THE  AMOUNT  OF  SUCH DEPOSITS AND ALL BANKS AND TRUST COMPANIES ARE
 AUTHORIZED TO GIVE SECURITY FOR SUCH DEPOSITS. ANY SUCH REVENUES IN SUCH
 FUND MAY, UPON THE DISCRETION OF THE COMPTROLLER, BE INVESTED  IN  OBLI-
 GATIONS  IN  WHICH  THE  COMPTROLLER IS AUTHORIZED TO INVEST PURSUANT TO
 SECTION NINETY-EIGHT-A OF THIS ARTICLE.
   4. ALL PAYMENTS OF MONEYS FROM THE FUND SHALL BE MADE ON THE AUDIT AND
 WARRANT OF THE COMPTROLLER.
   § 5. Availability of additional remedies. Nothing in this act shall be
 deemed to preclude the pursuit of a civil action or other remedy by  any
 person.  The  remedies  provided  in  this  act are in addition to those
 provided by existing statutory or common law.
   § 6. Severability. If any word, phrase, clause,  sentence,  paragraph,
 section, or part of this act shall be adjudged by any court of competent
 jurisdiction  to  be invalid, such judgment shall not affect, impair, or
 invalidate the remainder thereof, but shall be confined in its operation
 to the word, phrase, clause, sentence, paragraph, section, or part ther-
 eof directly involved in the controversy in which  such  judgment  shall
 have been rendered.
   §  7.  Construction. This act, being necessary for the general health,
 safety, and welfare of the people of  this  state,  shall  be  liberally
 construed to effect its purpose.
   § 8. This act shall take effect immediately.