S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7230
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 15, 2023
                                ___________
 
 Introduced  by  M.  of  A.  SIMON, ROZIC, EPSTEIN, L. ROSENTHAL, WEPRIN,
   COLTON, STECK, STIRPE, GONZALEZ-ROJAS -- read once and referred to the
   Committee on Governmental Operations
 
 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 HAVE THE SAME DEFINITION AS IN  SECTION  1-103
 OF THE ENERGY LAW AND INCLUDE BIODIESEL.
   (D) "FOSSIL FUEL RELATED TAX EXPENDITURES" SHALL MEAN TAX EXPENDITURES
 THAT DIRECTLY SUPPORT THE PRODUCTION, TRANSMISSION, DISTRIBUTION, TRANS-
 PORTATION, STORAGE, SALE, PURCHASE OR DELIVERY OF FOSSIL FUELS.
   § 3. The opening paragraph and paragraphs (f) and (g) of subdivision 2
 of section 181 of the executive law, the opening paragraph as amended by
 chapter  309  of the laws of 1996 and paragraphs (f) and (g) 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:
   In  addition  to  the  information  required  by  article seven of the
 constitution and section twenty-two of the state finance law, the gover-
 nor shall submit to the legislature AND MAKE AVAILABLE TO THE PUBLIC  ON
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09686-01-3
              

 A. 7230                             2
 
 THE  WEBSITES  OF THE STATE DIVISION OF BUDGET AND THE EXECUTIVE OFFICE,
 AND ANY OTHER LOCATION DEEMED NECESSARY TO ENSURE EASE  OF  ACCESS,  [as
 early  as  practicable,  but no later than thirty days after] CONCURRENT
 WITH  submitting  the  budget,  a  tax expenditure report containing the
 following information and statements relating  to  tax  expenditures  in
 articles  nine  (other  than  section one hundred eighty), nine-A, thir-
 teen-A, twenty-two, twenty-eight, thirty-one[, thirty-two]  and  thirty-
 three of the tax law:
   (f)  comment, if any, on the effectiveness and efficiency of other tax
 expenditures; [and]
   (g) general cautionary and advisory notes  concerning  limitations  of
 data,  estimation procedures, sampling errors and imputed values, promi-
 nently displayed[.];
   (H) INFORMATION IDENTIFYING WHETHER A TAX EXPENDITURE IS A FOSSIL FUEL
 RELATED TAX EXPENDITURE AND IF SO, PROVIDE ADDITIONAL INFORMATION ON THE
 IMPACT OF SUCH EXPENDITURES IN REGARD TO ECONOMIC GROWTH, JOBS, INDIVID-
 UAL COST OF LIVING AND FOSSIL FUEL EMISSIONS; AND
   (I) ANY RECOMMENDATIONS OF THE GOVERNOR REGARDING CONTINUING,  MODIFY-
 ING  OR  REPEALING  ANY IDENTIFIED FOSSIL FUEL RELATED TAX EXPENDITURES,
 AND SUCH OTHER  INFORMATION  REGARDING  SUCH  FOSSIL  FUEL  RELATED  TAX
 EXPENDITURES  AS HE OR SHE MAY FEEL USEFUL AND APPROPRIATE, IN CONSULTA-
 TION WITH THE STATE ENERGY PLANNING BOARD.
   § 4. Notwithstanding any other provisions of law, there shall be  a  5
 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 5 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 5 year  expi-
 ration  commencing  on  the effective date of the act which enacted such
 expenditure unless otherwise specified by the legislature at that time.
   § 5. This act shall take effect immediately.