S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4282
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2025
                                ___________
 
 Introduced  by  M.  of  A.  GLICK, CUNNINGHAM, KELLES, LEVENBERG, SIMON,
   COLTON, PAULIN, SIMONE, K. BROWN,  STECK,  FORREST,  STERN,  LUNSFORD,
   GONZALEZ-ROJAS  -- read once and referred to the Committee on Environ-
   mental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   climate corporate data accountability; and to amend the state  finance
   law,  in relation to establishing the climate accountability and emis-
   sions disclosure 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
 corporate data accountability act".
   § 2. The environmental conservation law is amended  by  adding  a  new
 article 74 to read as follows:
                                ARTICLE 74
                 CLIMATE CORPORATE DATA ACCOUNTABILITY ACT
 SECTION 74-0101. DEFINITIONS.
         74-0102. CLIMATE CORPORATE DATA ACCOUNTABILITY ACT.
 § 74-0101. DEFINITIONS.
   AS  USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   1. "EMISSIONS REPORTING ORGANIZATION" MEANS EITHER: (A)  AN  ORGANIZA-
 TION  WITHIN  THE DEPARTMENT CREATED BY THE DEPARTMENT PURSUANT TO PARA-
 GRAPH B OF SUBDIVISION TWO OF SECTION 74-0102 OF THIS ARTICLE; OR (B)  A
 NONPROFIT  EMISSIONS REPORTING ORGANIZATION CONTRACTED BY THE DEPARTMENT
 PURSUANT TO PARAGRAPH B OF SUBDIVISION TWO OF SECTION  74-0102  OF  THIS
 ARTICLE THAT BOTH:
   A.  CURRENTLY  OPERATES A GREENHOUSE GAS EMISSIONS REPORTING ORGANIZA-
 TION FOR ORGANIZATIONS OPERATING IN THE UNITED STATES; AND
   B. HAS EXPERIENCE WITH GREENHOUSE GAS EMISSIONS DISCLOSURE BY ENTITIES
 OPERATING IN NEW YORK.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00696-03-5
              

 A. 4282                             2
 
   2. "REPORTING ENTITY" MEANS:
   A.  A  PARTNERSHIP,  CORPORATION,  LIMITED LIABILITY COMPANY, OR OTHER
 BUSINESS ENTITY FORMED UNDER THE LAWS OF THIS STATE,  THE  LAWS  OF  ANY
 OTHER  STATE  OF THE UNITED STATES OR THE DISTRICT OF COLUMBIA, OR UNDER
 AN ACT OF THE CONGRESS OF THE UNITED STATES THAT BOTH:
   I. DOES BUSINESS IN THIS STATE AND IS DERIVING RECEIPTS FROM  ACTIVITY
 IN  THIS STATE WITHIN THE MEANING OF SECTION TWO HUNDRED NINE OF THE TAX
 LAW; AND
   II. HAS TOTAL REVENUES IN EXCESS OF ONE BILLION DOLLARS IN THE PRECED-
 ING FISCAL YEAR, INCLUDING BUT NOT LIMITED TO REVENUES RECEIVED  BY  ALL
 OF THE BUSINESS ENTITY'S SUBSIDIARIES THAT DO BUSINESS IN THIS STATE.
   B.  A  FOREIGN  ENTITY SHALL NOT BE CONSIDERED TO BE DOING BUSINESS IN
 THIS STATE EXCLUSIVELY BY REASON OF CARRYING ON IN THIS STATE ANY OF THE
 ACTIVITIES ENUMERATED IN SUBSECTION (B) OF SECTION THIRTEEN HUNDRED  ONE
 OF  THE BUSINESS CORPORATION LAW. IF A REPORTING ENTITY IS INCLUDED AS A
 CONSOLIDATED SUBSIDIARY IN THE CONSOLIDATED FINANCIAL STATEMENTS  OF  AN
 ULTIMATE  PARENT  ENTITY,  THEN  SUCH  ULTIMATE PARENT ENTITY MAY BE THE
 REPORTING ENTITY FOR PURPOSES OF THIS DEFINITION.  IF A SUBSIDIARY OF  A
 PARENT  COMPANY QUALIFIES AS A REPORTING ENTITY FOR THE PURPOSES OF THIS
 DEFINITION, THE SUBSIDIARY IS NOT REQUIRED TO PREPARE A SEPARATE  REPORT
 SO LONG AS THE PARENT COMPANY PREPARES A REPORT.
   3.  "SCOPE 1 EMISSIONS" MEANS ALL DIRECT GREENHOUSE GAS EMISSIONS THAT
 STEM FROM SOURCES THAT A REPORTING ENTITY  OWNS  OR  DIRECTLY  CONTROLS,
 REGARDLESS  OF  LOCATION, INCLUDING, BUT NOT LIMITED TO, FUEL COMBUSTION
 ACTIVITIES.
   4. "SCOPE 2 EMISSIONS" MEANS INDIRECT GREENHOUSE  GAS  EMISSIONS  FROM
 CONSUMED  ELECTRICITY,  STEAM, HEATING, OR COOLING PURCHASED OR ACQUIRED
 BY A REPORTING ENTITY, REGARDLESS OF LOCATION.
   5. "SCOPE 3 EMISSIONS" MEANS INDIRECT UPSTREAM AND  DOWNSTREAM  GREEN-
 HOUSE GAS EMISSIONS, OTHER THAN SCOPE 2 EMISSIONS, FROM SOURCES THAT THE
 REPORTING  ENTITY  DOES NOT OWN OR DIRECTLY CONTROL AND MAY INCLUDE, BUT
 ARE NOT LIMITED TO,  PURCHASED  GOODS  AND  SERVICES,  BUSINESS  TRAVEL,
 EMPLOYEE COMMUTES, AND PROCESSING AND USE OF SOLD PRODUCTS AND SERVICES.
   6.  "ASSURANCE  PROVIDER"  MEANS A FIRM OR ENTITY WHICH CARRIES OUT AN
 ASSURANCE ENGAGEMENT.
   7. "ASSURANCE ENGAGEMENT" MEANS AN ENGAGEMENT IN  WHICH  AN  ASSURANCE
 PROVIDER  EXPRESSES  AN  INDEPENDENT OPINION ON THE REPORTS ISSUED UNDER
 THIS SECTION, TO ENHANCE THE DEGREE OF  CONFIDENCE  OF  THE  DEPARTMENT,
 CONSUMERS,  AND INVESTORS ABOUT THE INFORMATION DISCLOSED BY THE REPORT-
 ING ENTITY.
 § 74-0102. CLIMATE CORPORATE DATA ACCOUNTABILITY ACT.
   1. A. THE DEPARTMENT SHALL ADOPT REGULATIONS  ON  OR  BEFORE  DECEMBER
 THIRTY-FIRST  TWO  THOUSAND  TWENTY-SIX TO REQUIRE A REPORTING ENTITY TO
 ANNUALLY DISCLOSE TO THE EMISSIONS REPORTING ORGANIZATION, AND TO OBTAIN
 AN ASSURANCE ENGAGEMENT PERFORMED BY AN INDEPENDENT  THIRD-PARTY  ASSUR-
 ANCE PROVIDER ON, ALL OF THE REPORTING ENTITY'S SCOPE 1 EMISSIONS, SCOPE
 2  EMISSIONS, AND SCOPE 3 EMISSIONS. THE REGULATIONS ADOPTED PURSUANT TO
 THIS SUBDIVISION SHALL REQUIRE THAT:
   I. (1) (A) STARTING IN TWO THOUSAND  TWENTY-SEVEN  ON  A  DATE  TO  BE
 DETERMINED BY THE DEPARTMENT, AND ANNUALLY THEREAFTER, A REPORTING ENTI-
 TY  SHALL  PUBLICLY DISCLOSE TO THE EMISSIONS REPORTING ORGANIZATION ALL
 OF THE REPORTING ENTITY'S SCOPE 1 EMISSIONS AND SCOPE  2  EMISSIONS  FOR
 THE PRIOR FISCAL YEAR.
   (B)  STARTING  IN TWO THOUSAND TWENTY-EIGHT AND ANNUALLY THEREAFTER, A
 REPORTING ENTITY SHALL PUBLICLY DISCLOSE ITS SCOPE 3  EMISSIONS  TO  THE
 EMISSIONS REPORTING ORGANIZATION FOR THE PRIOR FISCAL YEAR ON A SCHEDULE
 A. 4282                             3
 
 SET BY THE DEPARTMENT PURSUANT TO REGULATIONS DEVELOPED PURSUANT TO THIS
 ARTICLE.
   (2)  IN  COMPLYING  WITH THE REQUIREMENTS OF THIS SECTION, A REPORTING
 ENTITY SHALL MEASURE AND REPORT ITS EMISSIONS  OF  GREENHOUSE  GASES  IN
 CONFORMANCE  WITH  THE  GREENHOUSE GAS PROTOCOL CORPORATE ACCOUNTING AND
 REPORTING STANDARD AND THE GREENHOUSE GAS PROTOCOL CORPORATE VALUE CHAIN
 (SCOPE 3) ACCOUNTING AND  REPORTING  STANDARD  DEVELOPED  BY  THE  WORLD
 RESOURCES  INSTITUTE  AND  THE  WORLD  BUSINESS  COUNCIL FOR SUSTAINABLE
 DEVELOPMENT, INCLUDING GUIDANCE FOR SCOPE 3 EMISSIONS CALCULATIONS  THAT
 DETAIL  ACCEPTABLE  USE  OF  BOTH  PRIMARY  AND  SECONDARY DATA SOURCES,
 INCLUDING THE USE OF INDUSTRY AVERAGE DATA, PROXY DATA, AND OTHER GENER-
 IC DATA IN ITS SCOPE 3 EMISSIONS CALCULATIONS.
   (3) (A) STARTING IN  TWO  THOUSAND  THIRTY-FOUR,  THE  DEPARTMENT  MAY
 SURVEY  AND  ASSESS  CURRENTLY  AVAILABLE  GREENHOUSE GAS ACCOUNTING AND
 REPORTING STANDARDS. AT THE CONCLUSION OF THIS ASSESSMENT THE DEPARTMENT
 MAY ADOPT A GLOBALLY RECOGNIZED  ALTERNATIVE  ACCOUNTING  AND  REPORTING
 STANDARD  IF  IT  DETERMINES  ITS USE WOULD MORE EFFECTIVELY FURTHER THE
 GOALS OF THIS SECTION. THIS REVIEW PROCESS  SHALL  INCLUDE  CONSULTATION
 WITH THE STAKEHOLDERS IDENTIFIED IN PARAGRAPH D OF THIS SUBDIVISION.
   (B)  IF  THE DEPARTMENT ADOPTS AN ALTERNATIVE ACCOUNTING AND REPORTING
 STANDARD, THE DEPARTMENT SHALL DEVELOP AND ADOPT NEW REGULATIONS, PURSU-
 ANT TO PARAGRAPH A OF THIS SUBDIVISION, TO ENSURE FULL CONFORMANCE  WITH
 THE NEW STANDARD AND REPORTING OF SCOPES 1, 2, AND 3 EMISSIONS AND OTHER
 REQUIREMENTS OF THIS SECTION.
   (4)  ON  OR BEFORE JANUARY FIRST, TWO THOUSAND THIRTY-ONE, THE DEPART-
 MENT SHALL REVIEW, AND UPDATE AS NECESSARY, THE PUBLIC DISCLOSURE  DEAD-
 LINES  ESTABLISHED PURSUANT TO CLAUSE ONE OF THIS SUBPARAGRAPH TO EVALU-
 ATE TRENDS IN SCOPE 3 EMISSIONS REPORTING AND CONSIDER  CHANGES  TO  THE
 DISCLOSURE  DEADLINES TO ENSURE THAT SCOPE 3 EMISSIONS DATA IS DISCLOSED
 TO THE EMISSIONS REPORTING ORGANIZATION AS CLOSE IN TIME AS  PRACTICABLE
 TO THE DEADLINE FOR REPORTING ENTITIES TO DISCLOSE SCOPE 1 EMISSIONS AND
 SCOPE 2 EMISSIONS DATA.
   (5)  THE  REPORTING TIMELINES SHALL TAKE INTO ACCOUNT THE TIMELINES BY
 WHICH REPORTING ENTITIES TYPICALLY RECEIVE SCOPE 1, SCOPE 2, AND SCOPE 3
 EMISSIONS DATA, AS WELL AS THE CAPACITY  FOR  AN  INDEPENDENT  ASSURANCE
 ENGAGEMENT TO BE PERFORMED BY A THIRD-PARTY ASSURANCE PROVIDER.
   II.  A  REPORTING ENTITY'S PUBLIC DISCLOSURE SHALL MAXIMIZE ACCESS FOR
 CONSUMERS,  INVESTORS,  AND  OTHER  STAKEHOLDERS  TO  COMPREHENSIVE  AND
 DETAILED GREENHOUSE GAS EMISSIONS DATA ACROSS SCOPE 1 EMISSIONS, SCOPE 2
 EMISSIONS AND SCOPE 3 EMISSIONS, AS DEFINED BY THIS SECTION, AND BE MADE
 IN A MANNER THAT IS EASILY UNDERSTANDABLE AND ACCESSIBLE.
   III.  A REPORTING ENTITY'S PUBLIC DISCLOSURE SHALL INCLUDE THE NAME OF
 THE REPORTING ENTITY AND ANY  FICTITIOUS  NAMES,  TRADE  NAMES,  ASSUMED
 NAMES, SUBSIDIARIES AND LOGOS USED BY THE REPORTING ENTITY.
   IV.  A REPORTING ENTITY'S EMISSIONS REPORTING SHALL BE STRUCTURED IN A
 WAY THAT MINIMIZES DUPLICATION OF EFFORT AND ALLOWS A  REPORTING  ENTITY
 TO  SUBMIT  TO  THE EMISSIONS REPORTING ORGANIZATION REPORTS PREPARED TO
 MEET OTHER STATE, NATIONAL, AND  INTERNATIONAL  REPORTING  REQUIREMENTS,
 INCLUDING ANY REPORTS REQUIRED BY THE FEDERAL GOVERNMENT OR OTHER STATES
 OR  REPORTS  VOLUNTARILY  PREPARED,  INCLUDING  THOSE PREPARED USING THE
 INTERNATIONAL FINANCIAL REPORTING  STANDARDS  FOUNDATION  SUSTAINABILITY
 DISCLOSURE STANDARDS AS ISSUED BY THE INTERNATIONAL SUSTAINABILITY STAN-
 DARDS BOARD, AS LONG AS THOSE REPORTS SATISFY ALL OF THE REQUIREMENTS OF
 THIS SECTION.
   V.  A  REPORTING  ENTITY'S DISCLOSURE SHALL TAKE INTO ACCOUNT ACQUISI-
 TIONS, DIVESTMENTS, MERGERS,  AND  OTHER  STRUCTURAL  CHANGES  THAT  CAN
 A. 4282                             4
 
 AFFECT  THE  GREENHOUSE  GAS  EMISSIONS REPORTING, AND IS DISCLOSED IN A
 MANNER CONSISTENT WITH THE GREENHOUSE GAS PROTOCOL STANDARDS  AND  GUID-
 ANCE  OR  AN  ALTERNATIVE STANDARD, IF ONE IS ADOPTED AFTER TWO THOUSAND
 THIRTY-FOUR.
   VI.  (1)  A  REPORTING  ENTITY  SHALL  OBTAIN AN ASSURANCE ENGAGEMENT,
 PERFORMED BY AN INDEPENDENT THIRD-PARTY  ASSURANCE  PROVIDER,  OF  THEIR
 PUBLIC DISCLOSURE.  THE REPORTING ENTITY SHALL ENSURE THAT A COPY OF THE
 COMPLETE  ASSURANCE  PROVIDER'S  REPORT  ON THE GREENHOUSE GAS EMISSIONS
 INVENTORY, INCLUDING THE NAME OF THE THIRD-PARTY ASSURANCE PROVIDER,  IS
 PROVIDED  TO  THE  EMISSIONS  REPORTING  ORGANIZATION  AS  PART OF OR IN
 CONNECTION WITH THE REPORTING ENTITY'S PUBLIC DISCLOSURE.
   (2) THE ASSURANCE ENGAGEMENT FOR SCOPE 1 EMISSIONS AND SCOPE  2  EMIS-
 SIONS  SHALL  BE PERFORMED AT A LIMITED ASSURANCE LEVEL BEGINNING IN TWO
 THOUSAND TWENTY-SEVEN AND AT A REASONABLE ASSURANCE LEVEL  BEGINNING  IN
 TWO THOUSAND THIRTY-ONE.
   (3) ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT, THE DEPART-
 MENT  SHALL REVIEW AND EVALUATE TRENDS IN THIRD-PARTY ASSURANCE REQUIRE-
 MENTS FOR SCOPE 3 EMISSIONS, AND ON OR BEFORE SUCH DATE, THE  DEPARTMENT
 MAY ESTABLISH AN ASSURANCE REQUIREMENT FOR THIRD-PARTY ASSURANCE ENGAGE-
 MENTS  OF SCOPE 3 EMISSIONS. IF ANY SUCH REQUIREMENT IS ESTABLISHED, THE
 ASSURANCE ENGAGEMENT FOR SCOPE 3  EMISSIONS  SHALL  BE  PERFORMED  AT  A
 LIMITED ASSURANCE LEVEL BEGINNING IN TWO THOUSAND THIRTY-ONE.
   (4) A THIRD-PARTY ASSURANCE PROVIDER SHALL HAVE SIGNIFICANT EXPERIENCE
 IN  MEASURING,  ANALYZING,  REPORTING,  OR  ATTESTING TO THE EMISSION OF
 GREENHOUSE GASES AND SUFFICIENT COMPETENCE AND CAPABILITIES NECESSARY TO
 PERFORM ENGAGEMENTS IN ACCORDANCE WITH PROFESSIONAL STANDARDS AND APPLI-
 CABLE LEGAL AND REGULATORY REQUIREMENTS. THE ASSURANCE PROVIDER SHALL BE
 ABLE TO ISSUE REPORTS THAT ARE APPROPRIATE UNDER THE  CIRCUMSTANCES  AND
 INDEPENDENT WITH RESPECT TO THE REPORTING ENTITY, AND ANY OF THE REPORT-
 ING  ENTITY'S AFFILIATES FOR WHICH IT IS PROVIDING THE ASSURANCE REPORT.
 ON OR BEFORE JANUARY FIRST,  TWO  THOUSAND  THIRTY-ONE,  THE  DEPARTMENT
 SHALL REVIEW, AND UPDATE AS NECESSARY, THE QUALIFICATIONS FOR THIRD-PAR-
 TY  ASSURANCE  PROVIDERS  BASED  ON AN EVALUATION OF TRENDS IN EDUCATION
 RELATING TO THE EMISSION OF GREENHOUSE GASES AND THE  QUALIFICATIONS  OF
 THIRD-PARTY ASSURANCE PROVIDERS.
   (5)  THE  DEPARTMENT SHALL ENSURE THAT THE ASSURANCE PROCESS MINIMIZES
 THE NEED FOR REPORTING ENTITIES TO ENGAGE MULTIPLE  ASSURANCE  PROVIDERS
 AND  ENSURES  SUFFICIENT  ASSURANCE PROVIDER CAPACITY, AS WELL AS TIMELY
 REPORTING IMPLEMENTATION AS REQUIRED UNDER CLAUSE ONE OF SUBPARAGRAPH  I
 OF THIS PARAGRAPH.
   VII.  (1) A REPORTING ENTITY SHALL PAY AN ANNUAL FEE TO THE DEPARTMENT
 FOR THE ADMINISTRATION AND IMPLEMENTATION OF THIS SECTION.
   (2) THE DEPARTMENT SHALL SET THE FEE ESTABLISHED  PURSUANT  TO  CLAUSE
 ONE  OF  THIS  SUBPARAGRAPH IN AN AMOUNT SUFFICIENT TO COVER THE DEPART-
 MENT'S FULL COSTS OF ADMINISTRATING AND IMPLEMENTING THIS SECTION.   THE
 TOTAL  AMOUNT OF FEES COLLECTED SHALL NOT EXCEED THE DEPARTMENT'S ACTUAL
 AND REASONABLE COSTS TO ADMINISTER AND IMPLEMENT THIS SECTION.
   (3) THE PROCEEDS OF THE FEES IMPOSED PURSUANT TO CLAUSE  ONE  OF  THIS
 SUBPARAGRAPH  SHALL BE DEPOSITED IN THE CLIMATE ACCOUNTABILITY AND EMIS-
 SIONS DISCLOSURE FUND ESTABLISHED BY SECTION NINETY-NINE-SS OF THE STATE
 FINANCE LAW.
   B. THE DEPARTMENT SHALL CREATE OR CONTRACT WITH AN EMISSIONS REPORTING
 ORGANIZATION TO DEVELOP A REPORTING PROGRAM TO RECEIVE AND MAKE PUBLICLY
 AVAILABLE DISCLOSURES REQUIRED  BY  THIS  SECTION.  EMISSIONS  REPORTING
 ORGANIZATIONS  SHALL  NOT BE AUTHORIZED TO PROVIDE SERVICES TO A COMPANY
 A. 4282                             5
 
 WHERE A CONFLICT OF  INTEREST  EXISTS.  A  CONFLICT  OF  INTEREST  SHALL
 INCLUDE:
   I.  THE  EMISSIONS REPORTING ORGANIZATION AND REPORTING ENTITY SHARING
 ANY MANAGEMENT STAFF OR BOARD OF DIRECTORS MEMBERSHIP,  OR  ANY  OF  THE
 SENIOR  MANAGEMENT STAFF OF THE REPORTING ENTITY HAVING BEEN EMPLOYED BY
 THE EMISSIONS REPORTING ORGANIZATION  OR  REPORTING  ENTITY  WITHIN  THE
 PREVIOUS FIVE YEARS.
   II.  ANY  EMPLOYEE  OF  THE  EMISSIONS  REPORTING ORGANIZATION, OR ANY
 EMPLOYEE OF A RELATED ENTITY, OR A SUBCONTRACTOR WHO IS A MEMBER OF  THE
 EMISSIONS  REPORTING  ORGANIZATION  HAVING PROVIDED THE REPORTING ENTITY
 WITH SERVICES RELATED TO THE AREAS OF EMISSIONS REPORTING  ORGANIZATION,
 OR  ANY  SERVICES DESIGNATED BY THE DEPARTMENT, WITHIN THE PREVIOUS FIVE
 YEARS.
   III. ANY STAFF MEMBER OF THE EMISSIONS REPORTING ORGANIZATION  PROVID-
 ING ANY TYPE OF NON-MONETARY INCENTIVE TO A REPORTING ENTITY TO SECURE A
 SERVICES CONTRACT.
   C.  THE  DEPARTMENT  MAY ADOPT OR UPDATE ANY OTHER REGULATIONS THAT IT
 DEEMS NECESSARY AND APPROPRIATE TO IMPLEMENT THIS SUBDIVISION.
   D. IN DEVELOPING THE REGULATIONS REQUIRED PURSUANT  TO  THIS  SUBDIVI-
 SION, THE DEPARTMENT SHALL CONSULT WITH ALL OF THE FOLLOWING:
   I. THE ATTORNEY GENERAL;
   II.  OTHER  GOVERNMENT  STAKEHOLDERS,  INCLUDING,  BUT NOT LIMITED TO,
 EXPERTS IN CLIMATE SCIENCE AND CORPORATE CARBON EMISSIONS ACCOUNTING AND
 REPORTING;
   III. INVESTORS;
   IV.  STAKEHOLDERS  REPRESENTING  CONSUMER  AND  ENVIRONMENTAL  JUSTICE
 INTERESTS; AND
   V.  REPORTING ENTITIES THAT HAVE DEMONSTRATED LEADERSHIP IN FULL-SCOPE
 GREENHOUSE GAS EMISSIONS ACCOUNTING AND PUBLIC DISCLOSURE AND GREENHOUSE
 GAS EMISSIONS REDUCTIONS.
   E. THIS SECTION DOES NOT REQUIRE ADDITIONAL REPORTING OF EMISSIONS  OF
 GREENHOUSE  GASES  BEYOND  THE  REPORTING  OF SCOPE 1 EMISSIONS, SCOPE 2
 EMISSIONS, AND SCOPE 3 EMISSIONS REQUIRED PURSUANT TO THE GREENHOUSE GAS
 PROTOCOL STANDARDS AND GUIDANCE OR AN ALTERNATIVE STANDARD,  IF  ONE  IS
 ADOPTED AFTER TWO THOUSAND THIRTY-FOUR.
   2.  A. THE DEPARTMENT SHALL PREPARE A REPORT ON THE PUBLIC DISCLOSURES
 MADE BY REPORTING  ENTITIES  TO  THE  EMISSIONS  REPORTING  ORGANIZATION
 PURSUANT  TO SUBDIVISION ONE OF THIS SECTION AND THE REGULATIONS ADOPTED
 BY THE DEPARTMENT PURSUANT TO SUCH SUBDIVISION. IN PREPARING THE REPORT,
 CONSIDERATION SHALL BE GIVEN TO, AT A MINIMUM, GREENHOUSE GAS  EMISSIONS
 FROM REPORTING ENTITIES IN THE CONTEXT OF STATE GREENHOUSE GAS EMISSIONS
 REDUCTION  AND  CLIMATE  GOALS. THE DEPARTMENT SHALL ISSUE THE REPORT OF
 ITS FINDINGS TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY AND THE TEMPO-
 RARY PRESIDENT OF THE SENATE  AND  SHALL  PUBLISH  SUCH  REPORT  ON  ITS
 WEBSITE.
   B. THE EMISSIONS REPORTING ORGANIZATION SHALL MAKE THE REPORTING ENTI-
 TIES' DISCLOSURES PUBLICLY AVAILABLE ON THE DIGITAL PLATFORM REQUIRED TO
 BE  CREATED BY THE EMISSIONS REPORTING ORGANIZATION PURSUANT TO SUBDIVI-
 SION FOUR OF THIS SECTION.
   3. A. I. THE EMISSIONS  REPORTING  ORGANIZATION,  ON  OR  BEFORE  JULY
 FIRST,  TWO THOUSAND TWENTY-SEVEN PURSUANT TO CLAUSE ONE OF SUBPARAGRAPH
 I OF PARAGRAPH A OF SUBDIVISION ONE OF  THIS  SECTION,  SHALL  CREATE  A
 DIGITAL  PLATFORM,  WHICH  SHALL  BE ACCESSIBLE TO THE PUBLIC, THAT WILL
 FEATURE THE EMISSIONS DATA OF REPORTING ENTITIES IN CONFORMANCE WITH THE
 REGULATIONS ADOPTED BY THE DEPARTMENT PURSUANT  TO  SUBDIVISION  ONE  OF
 THIS  SECTION  AND  THE  REPORT  PREPARED FOR THE DEPARTMENT PURSUANT TO
 A. 4282                             6

 SUBDIVISION TWO OF THIS SECTION. THE  EMISSIONS  REPORTING  ORGANIZATION
 SHALL  MAKE  THE  REPORTING  ENTITIES'  DISCLOSURES AND THE DEPARTMENT'S
 REPORT AVAILABLE ON THE DIGITAL PLATFORM WITHIN NINETY DAYS OF RECEIPT.
   II.  THE  DIGITAL  PLATFORM  SHALL  BE CAPABLE OF FEATURING INDIVIDUAL
 REPORTING ENTITY DISCLOSURES, AND SHALL ALLOW CONSUMERS, INVESTORS,  AND
 OTHER STAKEHOLDERS TO VIEW REPORTED DATA ELEMENTS AGGREGATED IN A VARIE-
 TY  OF WAYS, INCLUDING MULTIYEAR DATA, IN A MANNER THAT IS EASILY UNDER-
 STANDABLE AND ACCESSIBLE TO RESIDENTS OF THE STATE. ALL  DATA  SETS  AND
 CUSTOMIZED  VIEWS SHALL BE AVAILABLE IN ELECTRONIC FORMAT FOR ACCESS AND
 USE BY THE PUBLIC.
   B. THE EMISSIONS REPORTING ORGANIZATION SHALL  SUBMIT,  WITHIN  THIRTY
 DAYS OF RECEIPT, THE REPORT PREPARED FOR THE DEPARTMENT PURSUANT TO THIS
 SUBDIVISION TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE
 ASSEMBLY, AND THE GOVERNOR.
   4.  A. THE ATTORNEY GENERAL MAY BRING A CIVIL ACTION AGAINST A REPORT-
 ING ENTITY SEEKING CIVIL PENALTIES OF UP TO ONE HUNDRED THOUSAND DOLLARS
 PER DAY FOR WILLFUL FAILURE TO COMPLY  WITH  THE  REQUIREMENTS  OF  THIS
 SECTION  OR  REGULATIONS  SET  FORTH  BY  THE  DEPARTMENT, INCLUDING FOR
 NONFILING, LATE FILING, OR OTHER FAILURE TO  MEET  THE  REQUIREMENTS  OF
 THIS  SECTION.    THE  CIVIL PENALTIES IMPOSED ON A REPORTING ENTITY FOR
 SUCH VIOLATIONS SHALL NOT EXCEED FIVE  HUNDRED  THOUSAND  DOLLARS  IN  A
 REPORTING  YEAR.  IN  SEEKING  CIVIL  PENALTIES  FOR A VIOLATION OF THIS
 SECTION, THE ATTORNEY GENERAL SHALL CONSIDER ALL RELEVANT CIRCUMSTANCES,
 INCLUDING BOTH OF THE FOLLOWING:
   I. THE VIOLATOR'S PAST AND PRESENT COMPLIANCE WITH THIS SECTION; AND
   II. WHETHER THE VIOLATOR TOOK ANY GOOD FAITH MEASURES TO  COMPLY  WITH
 THIS SECTION AND WHEN THOSE MEASURES WERE TAKEN.
   B.  A  REPORTING  ENTITY  SHALL NOT BE SUBJECT TO A CIVIL ACTION UNDER
 THIS SECTION FOR ANY MISSTATEMENTS WITH  REGARD  TO  SCOPE  3  EMISSIONS
 DISCLOSURES MADE WITH A REASONABLE BASIS AND DISCLOSED IN GOOD FAITH.
   C. PENALTIES ASSESSED ON SCOPE 3 REPORTING, BETWEEN TWO THOUSAND TWEN-
 TY-EIGHT AND TWO THOUSAND THIRTY-ONE, SHALL ONLY OCCUR FOR NONFILING.
   5. THIS SECTION APPLIES TO THE STATE UNIVERSITY AND CITY UNIVERSITY OF
 NEW  YORK ONLY TO THE EXTENT THAT THE REGENTS OF THE STATE UNIVERSITY OR
 CITY UNIVERSITY, BY RESOLUTION, MAKE ANY OF THESE PROVISIONS  APPLICABLE
 TO THE UNIVERSITY.
   § 3. The state finance law is amended by adding a new section 99-ss to
 read as follows:
   §  99-SS.  CLIMATE  ACCOUNTABILITY  AND  EMISSIONS DISCLOSURE FUND. 1.
 THERE IS HEREBY ESTABLISHED IN THE JOINT  CUSTODY  OF  THE  STATE  COMP-
 TROLLER AND THE DEPARTMENT OF TAX AND FINANCE A SPECIAL FUND TO BE KNOWN
 AS THE "CLIMATE ACCOUNTABILITY AND EMISSIONS DISCLOSURE FUND". MONEYS IN
 THIS  ACCOUNT  SHALL BE KEPT SEPARATE AND  NOT COMMINGLED WITH ANY OTHER
 MONEYS IN THE CUSTODY OF THE COMPTROLLER.
   2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE  DEPARTMENT
 OF  TAXATION  AND FINANCE, PURSUANT TO THE PROVISIONS OF SECTION 75-0121
 OF THE ENVIRONMENTAL CONSERVATION LAW, THE TAX LAW AND ALL OTHER  MONEYS
 CREDITED  OR TRANSFERRED THERETO FROM  ANY OTHER FUND OR SOURCE PURSUANT
 TO LAW. NOTHING CONTAINED IN THIS SECTION SHALL PREVENT THE  STATE  FROM
 RECEIVING  GRANTS,  GIFTS  OR  BEQUESTS  FOR THE PURPOSES OF THE FUND AS
 DEFINED IN THIS SECTION AND DEPOSITING THEM INTO THE FUND  ACCORDING  TO
 LAW.  ANY  INTEREST  RECEIVED BY THE COMPTROLLER   ON MONEYS  ON DEPOSIT
 SHALL BE RETAINED AND BECOME PART OF THE FUND, UNLESS OTHERWISE DIRECTED
 BY LAW.
   § 4. Severability. If any clause,  sentence,  paragraph,  subdivision,
 section  or part of this act shall be adjudged by any court of competent
 A. 4282                             7
 
 jurisdiction to be invalid, such judgment shall not affect,  impair,  or
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision, section or part thereof
 directly  involved in the controversy in which  such judgment shall have
 been rendered. It is hereby declared to be the intent of the legislature
 that this act would have been enacted even if  such  invalid  provisions
 had not been included herein.
   § 5. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.