BILL NO A05663 SAME AS SAME AS S04056 SPONSOR Sweeney (MS) COSPNSR Titone, Weisenberg, Jaffee, Thiele, Cahill, Jacobs, Englebright, Rivera P, Paulin, Lavine, Maisel, Schroeder, Reilly, Galef, Barron, Rosenthal, Lifton MLTSPNSR Abinanti, Boyland, Brennan, Castelli, Gabryszak, Gottfried, Lupardo, McEneny, Pheffer, Scarborough, Schimel Amd S54-0103, En Con L Requires that, for certain contracts, the public be made aware that the source of funding for the contract is the environmental protection fund.Go to top
BILL NO A05663 02/24/2011 referred to environmental conservation 03/15/2011 reported 03/17/2011 advanced to third reading cal.140 03/23/2011 passed assembly 03/23/2011 delivered to senate 03/23/2011 REFERRED TO ENVIRONMENTAL CONSERVATION 06/15/2011 SUBSTITUTED FOR S4056 06/15/2011 3RD READING CAL.964 06/15/2011 PASSED SENATE 06/15/2011 RETURNED TO ASSEMBLY 07/22/2011 delivered to governor 08/03/2011 signed chap.277Go to top
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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.
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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. LBD06887-01-1A. 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.