NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5663
SPONSOR: Sweeney (MS) TITLE OF BILL: An act to amend the environmental conservation law, in
relation to the powers and duties of commissioner of environmental
conservation or secretary of state
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to
increase awareness of expenditures from the Environmental Protection
Fund (EPF).
SUMMARY OF SPECIFIC PROVISIONS: This legislation would- require the
inclusion of contract provisions to maximize awareness that the EPF is a
source of funding; however, it would not require the expenditure of any
additional funds.
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: This bill would
amend Section 54-0103 of the Environmental Conservation Law.
JUSTIFICATION: Since its inception in 1993, the EPF has provided more
than $1 billion for environmental projects. These funds support local
programs that protect an area's natural heritage, public health, and
industries such as tourism and agriculture. The funding has helped to
provide for important environmental projects in communities throughout
the State. Despite the many successes achieved by the EPF in areas rang-
ing from open space acquisition, water quality improvements, maintaining
parks, historic structures and recycling, many people remain unaware of
the impact the EPF has had in their neighborhoods. This legislation is
intended to increase awareness of the importance of the EPF and would
require contracts to include provisions to maximize awareness that fund-
ing is from the EPF; however, this legislation would not require the
expenditure of any additional expenditures. There is precedent for the
inclusion of similar contract provisions - the New York State Council on
the Arts contracts require "an acknowledgment of NYSCA support to be
conspicuously displayed in any communication to the public."
PRIOR LEGISLATIVE HISTORY: This is a new bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None to the
State.
EFFECTIVE DATE: This act shall take effect on April 1, 2012.
STATE OF NEW YORK
________________________________________________________________________
5663
2011-2012 Regular Sessions
IN ASSEMBLY
February 24, 2011
___________
Introduced by M. of A. SWEENEY, TITONE, WEISENBERG, JAFFEE, THIELE,
CAHILL, JACOBS, ENGLEBRIGHT, P. RIVERA, PAULIN, LAVINE, MAISEL,
SCHROEDER, REILLY -- Multi-Sponsored by -- M. of A. ABINANTI, BOYLAND,
GABRYSZAK, GOTTFRIED, McENENY, PHEFFER -- read once and referred to
the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the
powers and duties of commissioner of environmental conservation or
secretary of state
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 54-0103 of the environmental conservation law, as
2 added by chapter 610 of the laws of 1993, the section heading as amended
3 by chapter 309 of the laws of 1996, is amended to read as follows:
4 § 54-0103. Powers and duties of the commissioner or secretary.
5 In administering the provisions of this article the respective commis-
6 sioner or the secretary:
7 1. shall make an itemized estimate of funds or appropriations
8 requested annually for inclusion in the executive budget;
9 2. may, in the name of the state, as further provided within this
10 article, contract to make, within the limitations of appropriations
11 available therefor, state assistance payments to a municipality toward
12 the cost of a project approved and to be undertaken pursuant to this
13 article, or to a not-for-profit corporation toward the costs of a
14 project approved and to be undertaken pursuant to titles three and nine
15 of this article. Such contracts shall include provisions to maximize
16 awareness for the public that a source of funding for such project is
17 the New York state environmental protection fund. Such provisions shall
18 not require any expenditure of funds beyond that which the municipality
19 may decide if it communicates to the public regarding the project. Such
20 contracts shall be subject to approval by the state comptroller and, as
21 to form, by the attorney general;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06887-01-1
A. 5663 2
1 3. may, in the name of the state, enter into contracts, within the
2 limitations of appropriations available therefor, with not-for-profit
3 corporations, public benefit corporations, and private contractors for
4 services contemplated by this article to be funded hereunder. Such
5 contracts shall include provisions to maximize awareness for the public
6 that a source of funding for such services is the New York state envi-
7 ronmental protection fund. Such provisions shall not require any expend-
8 iture of funds beyond that which the not-for-profit corporations, public
9 benefit corporations, and private contractors may decide if it communi-
10 cates to the public regarding the project. Such contracts shall be
11 subject to approval by the state comptroller and, as to form, by the
12 attorney general;
13 4. shall approve vouchers for the payments pursuant to an approved
14 contract. All such payments shall be paid on the audit and warrant of
15 the state comptroller; and
16 5. may perform such other and further acts as may be necessary, proper
17 or desirable to carry out the provisions of this article.
18 § 2. This act shall take effect April 1, 2012.
