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S01853 Summary:

BILL NOS01853
 
SAME ASNo Same As
 
SPONSORHINCHEY
 
COSPNSRWALCZYK
 
MLTSPNSR
 
Add §1885, Pub Auth L; amd Part W §1, Chap 58 of 2021
 
Establishes the natural carbon sequestration research program to develop innovative science-based solutions to facilitate sequestration of carbon in New York's natural and working lands; provides funding for such program.
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S01853 Actions:

BILL NOS01853
 
01/17/2023REFERRED TO ENERGY AND TELECOMMUNICATIONS
03/28/2023REPORTED AND COMMITTED TO FINANCE
01/03/2024REFERRED TO ENERGY AND TELECOMMUNICATIONS
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S01853 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1853
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    January 17, 2023
                                       ___________
 
        Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on  Energy  and  Telecommuni-
          cations
 
        AN  ACT to amend the public authorities law, in relation to establishing
          the natural carbon sequestration research program; and to amend part W
          of chapter 58 of the laws of 2021 authorizing the energy research  and
          development  authority  to finance a portion of its research, develop-
          ment and demonstration, policy and planning, and Fuel NY  program,  as
          well  as climate change related expenses of the department of environ-
          mental conservation and the department  of  agriculture  and  markets'
          Fuel  NY program, from an assessment on gas and electric corporations,
          in relation to funding for the natural carbon  sequestration  research
          program
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The public authorities law  is  amended  by  adding  a  new
     2  section 1885 to read as follows:
     3    §  1885.  Natural  carbon  sequestration research program. 1. There is
     4  hereby established the natural carbon  sequestration  research  program.
     5  The  purpose  of  the  program  is  to  develop innovative science-based
     6  solutions to facilitate sequestration of carbon in  New  York's  natural
     7  and  working lands in ways that decrease total greenhouse gas emissions.
     8  In developing the program, the New York state college of agriculture and
     9  life sciences as named pursuant to section fifty-seven hundred twelve of
    10  the education law shall conduct, support, and develop  technologies  and
    11  management strategies, along with verification systems to facilitate the
    12  natural drawdown of carbon from the atmosphere and storage underground.
    13    2.  The  program shall consider, but not be limited to, the following:
    14  stabilizing existing carbon in the soil, increasing carbon sequestration
    15  through new practices and cropping systems,  purposefully  amending  the
    16  soil  with  biochar  and  compost to boost total soil carbon and promote
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03424-01-3

        S. 1853                             2
 
     1  greenhouse gas life cycle benefits,  advancing  direct  air  capture  of
     2  carbon  dioxide  in farmland and landscapes through enhanced weathering,
     3  utilizing other innovative technologies, and the synergies between  such
     4  approaches,  including agroforestry and reforestation to store carbon in
     5  both trees and soil  while  producing  ancillary  benefits  for  working
     6  lands.  The research program shall also demonstrate successful technolo-
     7  gies in pilot locations throughout the state of New York and utilize the
     8  Cornell Cooperative Extension system for knowledge transfer.
     9    3.  The  program shall include, but not be limited to, research on the
    10  following topics, consistent with New York state's climate goals:
    11    (a)  methods  to  sequester  carbon  in  soils  through   nature-based
    12  solutions;
    13    (b)  improvement  or  enhancement  of photosynthesis in plant life and
    14  delivery to soil to facilitate carbon sequestration;
    15    (c) development and deployment of technologies to measure,  model  and
    16  verify carbon storage in natural and working lands;
    17    (d)  research  that facilitates productive agroforestry, afforestation
    18  and  reforestation,  including  research  that   facilitates   increased
    19  nature-based carbon storage in peatlands and wetlands; and
    20    (e)  research that quantifies total greenhouse gas benefits, including
    21  but not limited to nitrous oxide, methane and  carbon,  to  assure  that
    22  there are overall greenhouse gas emission benefits.
    23    § 2. Section 1 of part W of chapter 58 of the laws of 2021 authorizing
    24  the  energy  research  and development authority to finance a portion of
    25  its research, development and demonstration, policy  and  planning,  and
    26  Fuel  NY  program,  as  well  as  climate change related expenses of the
    27  department of environmental conservation and the department of  agricul-
    28  ture  and  markets' Fuel NY program, from an assessment on gas and elec-
    29  tric corporations is amended to read as follows:
    30    Section 1. Expenditures  of  moneys  by  the  New  York  state  energy
    31  research  and  development  authority  for  services and expenses of the
    32  energy  research,  development  and  demonstration  program,   including
    33  grants, the energy policy and planning program, the zero emissions vehi-
    34  cle  and  electric vehicle rebate program, and the Fuel NY program shall
    35  be subject to the provisions  of  this  section.    Notwithstanding  the
    36  provisions of subdivision 4-a of section 18-a of the public service law,
    37  all  moneys committed or expended in an amount not to exceed $22,700,000
    38  shall be reimbursed by assessment against gas corporations,  as  defined
    39  in  subdivision  11  of section 2 of the public service law and electric
    40  corporations as defined in subdivision 13 of section  2  of  the  public
    41  service  law, where such gas corporations and electric corporations have
    42  gross revenues from intrastate utility operations in excess of  $500,000
    43  in  the  preceding calendar year, and the total amount assessed shall be
    44  allocated to each electric corporation and gas corporation in proportion
    45  to its intrastate electricity and gas  revenues  in  the  calendar  year
    46  2019.  Such  amounts  shall  be  excluded  from  the  general assessment
    47  provisions of subdivision 2 of section 18-a of the public  service  law.
    48  The  chair  of  the public service commission shall bill such gas and/or
    49  electric corporations for such amounts on or before August 10, 2021  and
    50  such  amounts  shall  be  paid to the New York state energy research and
    51  development authority on or before September 10, 2021. Upon receipt, the
    52  New York state energy research and development authority  shall  deposit
    53  such  funds in the energy research and development operating fund estab-
    54  lished pursuant to section 1859 of the public authorities law.  The  New
    55  York  state  energy research and development authority is authorized and
    56  directed to: (1) transfer up to $4 million to the state general fund for

        S. 1853                             3
 
     1  climate change related services and expenses of the department of  envi-
     2  ronmental  conservation, $150,000 to the state general fund for services
     3  and expenses  of  the  department  of  agriculture  and  markets,  [and]
     4  $825,000 to the University of Rochester laboratory for laser energetics,
     5  and  $1,000,000  to  the  New York State College of Agriculture and Life
     6  Sciences' natural carbon sequestriation research program from the  funds
     7  received; and (2) commencing in 2016, provide to the chair of the public
     8  service  commission  and  the  director of the budget and the chairs and
     9  secretaries of the legislative fiscal committees, on  or  before  August
    10  first  of  each year, an itemized record, certified by the president and
    11  chief executive officer of  the  authority,  or  his  or  her  designee,
    12  detailing  any and all expenditures and commitments ascribable to moneys
    13  received as a result of this assessment by the chair of  the  department
    14  of  public  service  pursuant to section 18-a of the public service law.
    15  This itemized record shall include an itemized breakdown of the programs
    16  being funded by this section and the amount committed to  each  program.
    17  The  authority  shall not commit for any expenditure, any moneys derived
    18  from the assessment provided for in this section,  until  the  chair  of
    19  such  authority  shall  have  submitted,  and the director of the budget
    20  shall have approved, a comprehensive  financial  plan  encompassing  all
    21  moneys  available to and all anticipated commitments and expenditures by
    22  such authority from any source for the  operations  of  such  authority.
    23  Copies of the approved comprehensive financial plan shall be immediately
    24  submitted  by the chair to the chairs and secretaries of the legislative
    25  fiscal committees. Any such amount not committed by  such  authority  to
    26  contracts  or  contracts  to  be  awarded  or  otherwise expended by the
    27  authority during the fiscal year shall be refunded by such authority  on
    28  a  pro-rata  basis to such gas and/or electric corporations, in a manner
    29  to be determined by the department of public  service,  and  any  refund
    30  amounts  must  be  explicitly lined out in the itemized record described
    31  above.
    32    § 3. This act shall take effect immediately.
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