NY State Senate Bill 2025-S4198

Current Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 03, 2025	referred to environmental conservation

co-Sponsors

2025-S4198 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §75-0117, En Con L
Versions Introduced in 2023-2024 Legislative Session:: S6297

2025-S4198 (ACTIVE) - Summary

Requires a public engagement process to guide the investment of resources under the New York state climate leadership and community protection act to maximize the involvement of disadvantaged community members in the development of local clean energy and energy efficiency programs.

2025-S4198 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4198

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to the
New York state climate action council

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure that the requirement for the state to direct at least 35% of
the benefits of spending clean energy and energy efficiency programs,
projects, or investments as outlined in the Climate Leadership and
Community Protection Act (CLCPA) to disadvantaged communities incorpo-
rates a public engagement process

 
SUMMARY OF PROVISIONS:

Section one of the bill amends Section 75-0117 of the Environmental
Conservation Law to outline a public engagement process that must occur
before clean energy and energy efficiency investment decisions can be
made in disadvantaged communities. The process may be informed by the

CLCPA-directed report on barriers to and opportunities for community
ownership of services and commodities in disadvantaged communities as
outlined in § 6 of Ch. 106 of 2019, the CLCPA.

Section two of the bill sets the effective date.

 
JUSTIFICATION:

On June 19th, 2019, the New York State legislature passed the historic
Climate Act (CLCPA), requiring a statewide reduction of economy-wide
greenhouse gas emissions of 40% by 2030 and 85% by 2050 from 1990
levels. One of the better-known provisions of the Climate Act is that
disadvantaged communities, defined as "communities that bear burdens of
negative public health effects, environmental pollution, impacts of
climate change, and possess certain socioeconomic criteria, or comprise
high concentrations of low- and moderate-income households" must receive
at least 35%, with a goal of 40%, of the benefits of spending on clean
energy and energy efficiency programs, projects, or investments. While
the exact methodology for defining and directing benefits of public
spending has yet to be defined by state agencies, the Climate Act speci-
fies that it should be in the areas of housing, workforce development,
pollution reduction, low-income energy assistance, energy, transporta-
tion, and economic development.

The Climate Action Council's Final Scoping Plan, outlining how the state
will achieve the emission reduction goals of the CLCPA, pledged that
"(s)tate entities will work to improve engagement with residents and
representatives of Disadvantaged Communities to identify and understand
barriers and opportunities at the local level to increase participation
in the clean energy transition and enhancing community resilience. This
work will include ensuring that agencies and authorities are creating
conditions for communities that would not typically engage in adminis-
trative processes to do so" (p. 6 of the plan). Page 262 of the CLCPA
Draft Scoping Plan also recommends "a process to obtain input from resi-
dents of (d)isadvantaged (c)ommunities in...investment decisions."


Beyond this scoping plan promise, however, there is nothing in the CLCPA
to actually guarantee that state agencies like the Department of Envi-
ronmental Conservation (DEC), NYS Energy Research and Development
Authority (NYSERDA), and the New York Power Authority (NYPA) engage the
members of the disenfranchised communities whom they are purporting to
help with a dedicated investment goal to discuss what that investment
should look like. This bill would create a public engagement process
which the state must adhere to before it can make CLCPA spending deci-
sions. The process would entail coordination with local community-based
organizations (CBOs), including fair compensation for CBOs who create
opportunities for public input, a language access plan for non-English
proficient individuals, accommodations for individuals with disabili-
ties, and integration of the principles of cultural competence and
racial, ethnic, and social justice into every aspect of the process.

Members of environmental justice communities deserve a say in the design
of the clean energy and energy efficiency projects in their own back-
yards. This bill helps fulfill the CLCPA's promise that those who have
borne the brunt of our state's climate pollution will reap the rewards
of the green energy revolution.

 
PRIOR LEGISLATIVE HISTORY:

2024: S6297 - Died in Environmental Conservation

2023: S6297 - Died in Environmental Conservation

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect on the ninety-first day after which it shall
have become a law.

2025-S4198 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4198
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2025
                                ___________
 
 Introduced  by  Sens. GOUNARDES, COMRIE, SCARCELLA-SPANTON -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Environmental Conservation
 
 AN ACT to amend the environmental conservation law, in relation  to  the
   New York state climate action council

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 75-0117 of the environmental conservation  law,  as
 added by chapter 106 of the laws of 2019, is amended to read as follows:
 § 75-0117. Investment of funds.
   1.  State agencies, authorities and entities, in consultation with the
 environmental justice working group  and  the  climate  action  council,
 shall,  to  the extent practicable, invest or direct available and rele-
 vant programmatic resources in a manner designed to achieve a  goal  for
 disadvantaged  communities  to receive forty percent of overall benefits
 of spending on clean energy and energy efficiency programs, projects  or
 investments  in  the  areas of housing, workforce development, pollution
 reduction, low income  energy  assistance,  energy,  transportation  and
 economic  development,  provided however, that disadvantaged communities
 shall receive no less than thirty-five percent of the  overall  benefits
 of  spending on clean energy and energy efficiency programs, projects or
 investments [and], provided; further that this section shall  not  alter
 funds  already  contracted or committed as of the effective date of this
 section, AND PROVIDED, FURTHER  THAT  NO  RESOURCES  DESCRIBED  IN  THIS
 SECTION  SHALL  BE  INVESTED  OR  DIRECTED  BEFORE UNDERGOING THE PUBLIC
 ENGAGEMENT PROCESS DESCRIBED IN SUBDIVISION TWO OF THIS SECTION.
   2. STATE AGENCIES, AUTHORITIES, AND ENTITIES SHALL DESIGN  AND  IMPLE-
 MENT  A  PUBLIC  ENGAGEMENT PROCESS TO GUIDE THE INVESTMENT OF AVAILABLE
 AND RELEVANT PROGRAMMATIC RESOURCES AS DESCRIBED IN SUBDIVISION  ONE  OF
 THIS SECTION. SUCH PROCESS SHALL BE DESIGNED WITH THE GOAL OF MAXIMIZING
 THE INVOLVEMENT OF DISADVANTAGED COMMUNITY MEMBERS IN THE DEVELOPMENT OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06563-02-5

 S. 4198                             2
 
 LOCAL CLEAN ENERGY AND ENERGY EFFICIENCY PROGRAMS, PROJECTS, AND INVEST-
 MENTS,  INCLUDING  IN  THE PERMITTING, PLANNING, AND BUDGETING PROCESSES
 NEEDED TO IMPLEMENT SUCH PROGRAM,  PROJECT,  AND  INVESTMENT  DECISIONS.
 SUCH PUBLIC ENGAGEMENT PROCESS SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A)  COORDINATION  WITH  LOCAL  COMMUNITY-BASED  ORGANIZATIONS FOR THE
 PLANNING, EXECUTION, AND ADVERTISEMENT OF MEETINGS, FORUMS, SURVEYS, AND
 OTHER OPPORTUNITIES FOR PUBLIC INPUT;
   (B) SUFFICIENT LEAD TIME TO ADVERTISE OPPORTUNITIES FOR  PUBLIC  INPUT
 BEFORE SUCH OPPORTUNITIES OCCUR;
   (C)  FAIR  COMPENSATION FOR COMMUNITY-BASED ORGANIZATIONS AND INDIVID-
 UALS WHO HELP DESIGN, ADVERTISE, AND EXECUTE ON SUCH  OPPORTUNITIES,  TO
 THE EXTENT PRACTICABLE;
   (D) A LANGUAGE ACCESS PLAN TO ENGAGE NON-ENGLISH PROFICIENT MEMBERS OF
 A  DISADVANTAGED  COMMUNITY  IN THE PUBLIC ENGAGEMENT PROCESS, INCLUDING
 DEDICATION OF BILINGUAL AGENCY STAFF;
   (E) A PLAN TO ENGAGE AND ACCOMMODATE INDIVIDUALS WITH DISABILITIES  BY
 USING  TOOLS  SUCH  AS,  BUT NOT LIMITED TO, VISUAL AIDS, OPEN OR CLOSED
 CAPTIONING, LARGE PRINT AND BRAILLE TRANSCRIPTIONS, AUDIO  DESCRIPTIONS,
 SIGN  LANGUAGE  INTERPRETATION,  ASSISTIVE LISTENING DEVICES, AND WHEEL-
 CHAIR ACCESSIBLE ENTRANCES, EXITS, AND SPACES, WHEREVER PRACTICABLE;
   (F) A PLAN TO DESCRIBE POTENTIAL CLEAN ENERGY  AND  ENERGY  EFFICIENCY
 PROGRAMS  IN  CLEAR AND ACCESSIBLE LANGUAGE THAT IS EASILY UNDERSTOOD BY
 LAY-PERSONS; AND
   (G) INTEGRATION OF THE PRINCIPLES OF CULTURAL COMPETENCE  AND  RACIAL,
 ETHNIC,  AND  SOCIAL JUSTICE INTO EVERY ASPECT OF SUCH PUBLIC ENGAGEMENT
 PROCESS.
   3. STATE AGENCIES, AUTHORITIES, AND ENTITIES MAY REFER TO  THE  REPORT
 DRAFTED  PURSUANT  TO SECTION SIX OF CHAPTER ONE HUNDRED SIX OF THE LAWS
 OF TWO THOUSAND NINETEEN IN THE DESIGN OF THE PUBLIC ENGAGEMENT  PROCESS
 DESCRIBED IN SUBDIVISION TWO OF THIS SECTION.
   § 2. This act shall take effect on the ninety-first day after it shall
 have become a law.

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Senate Bill S4198

Sponsored By

Current Bill Status - In Senate Committee Environmental Conservation Committee

co-Sponsors

2025-S4198 (ACTIVE) - Details

2025-S4198 (ACTIVE) - Summary

2025-S4198 (ACTIVE) - Sponsor Memo

2025-S4198 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4198

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Sponsored By

Andrew Gounardes

Current Bill Status - In Senate Committee Environmental Conservation Committee

co-Sponsors

Leroy Comrie

Jessica Scarcella-Spanton

2025-S4198 (ACTIVE) - Details

2025-S4198 (ACTIVE) - Summary

2025-S4198 (ACTIVE) - Sponsor Memo

2025-S4198 (ACTIVE) - Bill Text download pdf

Comments