Add §1885, Pub Auth L; amd §305, Ed L; add §630-l, Tax L; add §99-qq, St Fin L
Establishes a climate change education grant program to award grants to eligible applicants to support climate change education grant programs for young people or to provide optional teacher training or professional development programs relevant to the advance of climate change literacy in young people; establishes the New York state climate change education fund.
STATE OF NEW YORK
________________________________________________________________________
1866
2023-2024 Regular Sessions
IN ASSEMBLY
January 23, 2023
___________
Introduced by M. of A. L. ROSENTHAL, SEAWRIGHT -- read once and referred
to the Committee on Education
AN ACT to amend the public authorities law and the education law, in
relation to establishing a climate change education grant program; and
to amend the tax law and the state finance law, in relation to estab-
lishing the New York state climate change education fund
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "New York climate change education act".
3 § 2. The public authorities law is amended by adding a new section
4 1885 to read as follows:
5 § 1885. Climate change education grant program. 1. Definitions. As
6 used in this section, the following terms shall have the following mean-
7 ings:
8 (a) "Eligible applicant" shall mean (i) a public school district, (ii)
9 a board of cooperative educational services, (iii) a community based
10 organization which may be a for-profit corporation or entity or not-for-
11 profit corporation or organization, or (iv) a consortium or partnership
12 formed by a public school district, a board of cooperative educational
13 services and one or more community based organizations which qualifies
14 for the award of a climate change education grant by the authority under
15 this section.
16 (b) "Grant program plan" shall mean the plan submitted to the authori-
17 ty by an eligible applicant pursuant to subdivision four of this
18 section.
19 (c) "Climate change education grant program" shall mean a comprehen-
20 sive climate change education program conducted by an eligible applicant
21 pursuant to subdivision four of this section.
22 2. Establishment of climate change education grant program; general
23 components. (a) There is hereby established within the authority a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06672-01-3
A. 1866 2
1 climate change education grant program. The program shall be established
2 by the authority, in consultation with the commissioner of education.
3 The purpose of the program shall be to provide grants to eligible appli-
4 cants to support climate change education grant programs for young
5 people which provides them with topics of instruction in the components
6 set forth in paragraph (b) of this subdivision or to provide grants to
7 eligible applicants to provide optional teacher training or professional
8 development programs relevant to the advance of climate change literacy
9 of young people.
10 (b) In order for an eligible applicant to receive an award of an annu-
11 al grant under paragraph (c) of this subdivision, the applicant shall
12 submit with the application the components of instruction which shall be
13 offered in the applicant's climate change education grant program. The
14 applicant shall create a climate change education program designed to
15 increase the climate literacy of young people by broadening the under-
16 standing of climate change, including possible long-term and short-term
17 consequences of climate change and potential solutions or create a
18 program designed to assist teachers in their professional development as
19 related to increasing the climate literacy of young people. The authori-
20 ty may determine certain components and topics of instruction that shall
21 be required to be included in the climate change education program
22 offered by the applicant. The authority may also determine certain
23 components and topics of instruction that shall be offered by the appli-
24 cant in providing relevant training and professional development to
25 teachers.
26 (c) Any eligible applicant may apply for, and upon approval of the
27 application by the authority, shall be awarded an annual climate change
28 education grant provided that the applicant demonstrates in the grant
29 program plan submitted to the authority that:
30 (i) the applicant is capable of providing students with an effective
31 climate change education program that shall be meaningful and capable of
32 providing an effective climate change education program or the applicant
33 is capable of providing teachers with a relevant effective training or
34 professional development program and either program shall be conducted
35 in accordance with this section and any regulations promulgated pursuant
36 to this section; and
37 (ii) if such applicant is a community based organization, that the
38 applicant has a proven record and experience in conducting meaningful
39 and successful climate change education programs, and that the applicant
40 is capable of providing a climate change education program to a broad
41 based segment of the youth population or teachers with specific emphasis
42 on targeted youths and teachers located in environmental justice commu-
43 nities in such organization's service area. The authority may seek and
44 shall receive any pertinent information or request and receive recommen-
45 dations as to such community based organization's interactions or prior
46 dealings with any other state or local governmental entity, including,
47 but not limited to, any public school district or board of cooperative
48 educational services in making the determination required by this para-
49 graph.
50 (d) All moneys provided in grants under this section shall be in addi-
51 tion to, and not in lieu of, any moneys historically appropriated for
52 the same or similar purposes and shall not be used to offset or reduce
53 moneys previously expended for similar programs.
54 3. Climate change education grant program awards. (a) Within amounts
55 appropriated therefor, the authority shall be authorized to grant awards
56 for the support of approved climate change education grant programs.
A. 1866 3
1 (b) Grants to support an approved climate change education grant
2 program shall be awarded on a competitive basis in accordance with
3 criteria established by the authority.
4 (c) The authority shall appropriate at least fifty percent of all
5 grant money appropriated for the climate change education program to
6 eligible applicants for the purposes of increasing the climate literacy
7 of young people through a climate change education program. The authori-
8 ty shall appropriate no more than fifty percent of all grant money
9 appropriated to teacher training or professional development.
10 (d) The department of education shall, from within amounts appropri-
11 ated to the department, undertake all activities necessary to plan for
12 and preliminarily provide for the timely implementation of the climate
13 change education grant program established pursuant to this section for
14 the state fiscal year commencing one year following the effective date
15 of this section.
16 (e) Not more than five percent of any amounts made available by appro-
17 priation in any single fiscal year for the climate change education
18 grant program shall be annually retained by the authority for the admin-
19 istrative purposes of the department.
20 (f) Of the amounts made available by appropriation for the climate
21 change education grant program, not more than five percent of any funds
22 made by such appropriation for the state fiscal year commencing three
23 years following the effective date of this section shall be made avail-
24 able for payment to a nationally recognized and accredited organization
25 with experience in analyzing the efficacy and benefits of climate change
26 education grant programs for purposes of enabling such organization to
27 evaluate the totality of the grant program and grants awarded in the two
28 years following the effective date of this section. Not more than four
29 percent of any funds made by such appropriation for the state fiscal
30 year commencing four years following the effective date of this section
31 shall be made available for payment to the same organization which was
32 awarded the initial contract to so analyze the climate change education
33 grant program for the purpose of providing necessary funds to such
34 organization to analyze the climate change education grant program from
35 its inception through and including all the grant year periods author-
36 ized under this section. The contract to be awarded to such organization
37 shall be let only after a request for proposal has been issued by the
38 department of education in the manner provided for by law, and the award
39 of such contract shall be subject to competitive bidding requirements as
40 also required by law. The department of education shall include within
41 the request for proposal detailed criteria of evaluation to be employed
42 by the organization to be awarded the bid. The request for proposal
43 shall also allow for a bidding organization to submit additional evalua-
44 tive criteria that may be utilized by the organization awarded the bid
45 if approved by the department of education. Notwithstanding any incon-
46 sistent provision of this paragraph, the request for proposal shall
47 include a provision authorizing the authority to terminate the awarded
48 contract to the successful bidder with respect to the conduct of the
49 second evaluation of the grant program for the entire grant period
50 authorized under this section if the authority is not satisfied with the
51 quality of effort demonstrated by such bidder in the first evaluation of
52 the grant program period. In such case, a similar request for proposal
53 procedure shall be utilized for the purpose of making the second evalu-
54 ation.
55 (g) Beginning with the school year beginning in July two years follow-
56 ing the effective date of this section and every school year thereafter,
A. 1866 4
1 from any annual appropriations and/or reappropriations made therefor,
2 the authority shall set aside eighty percent of the money so appropri-
3 ated (minus any amounts necessary to pay adjustment expenses pursuant to
4 paragraphs (d), (e), and (f) of this subdivision) for the purpose of
5 awarding grants for climate change education grant program plans
6 approved by the authority pursuant to subdivision four of this section
7 to be conducted by public school districts and/or boards of cooperative
8 educational services including those programs which are going to be
9 conducted in accordance with a program plan pursuant to consortiums or
10 partnerships formed by a public school district and/or board of cooper-
11 ative educational services and one or more community based organiza-
12 tions. Priority, substantial consideration and weight shall be accorded
13 by the authority in the awarding of grants to such consortiums or part-
14 nerships. The authority shall set aside twenty percent of any appropri-
15 ation for the purpose of awarding grants for climate change education
16 grant program plans approved by the authority for eligible applicants
17 who are community based organizations which are not conducting such
18 program as part of a consortium or partnership.
19 4. Application for grants; climate change education grant program
20 plan. (a) The authority shall establish an application procedure by
21 which eligible applicants may apply for a grant pursuant to this
22 section, and the manner and method including specified objective crite-
23 ria consistent with this section by which the authority shall determine
24 the eligibility of an applicant.
25 (b) The eligible applicant shall submit with the climate change educa-
26 tion grant application the applicant's grant program plan to the author-
27 ity, which shall include a detailed description of the proposed climate
28 change education program, including but not limited to:
29 (i) an outline for the curriculum to be covered in the eligible appli-
30 cant's program for students or workshop for teachers, including instruc-
31 tional materials, books, videos or other instructional tools to be used
32 and the training which will be provided to teachers, personnel and
33 volunteers who will conduct the program;
34 (ii) any special or unusual or innovative services, programs or educa-
35 tion methods to be utilized including special technology or scientific
36 methods;
37 (iii) the number and types of teaching or other personnel to be
38 employed, or volunteers to be used, together with their professional or
39 academic credentials;
40 (iv) the geographic area in which the proposed program will be offered
41 along with an estimate of the number of students or teachers who the
42 applicant estimates will participate in such a program and if the
43 geographic area is located in an environmental justice community;
44 (v) a demonstration that the proposed program is adequate in terms of
45 course length;
46 (vi) special training or professional development services offered for
47 teachers if relevant; and
48 (vii) any other information the authority may request.
49 5. Maintenance of effort. Any moneys made available to an eligible
50 applicant shall not be used to offset or reduce the amount of moneys
51 previously expended for the same or similar programs in a prior year,
52 but shall be used to supplement any prior years' expenditures. No eligi-
53 ble applicant shall reduce any subsequent years' expenditures for the
54 same or similar programs as a result of receiving any grant, or increase
55 in the amount of any prior awarded grant, pursuant to this section.
A. 1866 5
1 6. Annual reports by grant recipients. (a) Every eligible applicant
2 that has been awarded a grant under this section shall file an annual
3 report with the authority, in such form and with such data as the
4 authority prescribes detailing the expenditure of grant funds, together
5 with an analysis of the climate change education grant program it
6 conducted.
7 (b) The authority shall on or before February first in each year,
8 submit a report on the program to the governor, the temporary president
9 of the senate and the speaker of the assembly containing his or her
10 findings and recommendations. In the report submitted in the fourth year
11 and the sixth year following the effective date of this section respec-
12 tively, the authority shall also include the evaluation of the program
13 as presented by the accredited organization in accordance with subdivi-
14 sion three of this section.
15 7. Notification to potential applicants. The authority shall send, in
16 a timely manner, every public school district and board of cooperative
17 educational services and every requesting community based organization a
18 copy of this section and general information relating to the climate
19 change education grant program and the application process therefor.
20 8. Regulations. The authority shall promulgate rules and regulations
21 as shall be reasonably necessary to effectuate the provisions of this
22 section.
23 § 3. Section 305 of the education law is amended by adding a new
24 subdivision 60 to read as follows:
25 60. The commissioner shall cooperate with the president of the New
26 York state energy research and development authority in establishing a
27 climate change education grant program as described in section eighteen
28 hundred eighty-five of the public authorities law.
29 § 4. The tax law is amended by adding a new section 630-l to read as
30 follows:
31 § 630-l. Gift for New York state climate change education fund. An
32 individual in any taxable year may elect to contribute to the climate
33 change education fund for educational programs and professional develop-
34 ment in schools related to climate change. The contribution shall be in
35 any whole dollar amount and shall not reduce the amount of state tax
36 owed by such individual. The commissioner shall include space on the
37 personal income tax return to enable a taxpayer to make such contrib-
38 ution. Notwithstanding any other provision of law, all revenues
39 collected pursuant to this section shall be credited to the New York
40 state climate change education fund and used only for those purposes
41 enumerated in section ninety-nine-qq of the state finance law.
42 § 5. The state finance law is amended by adding a new section 99-qq to
43 read as follows:
44 § 99-qq. New York state climate change education fund. 1. There is
45 hereby established in the joint custody of the state comptroller and the
46 commissioner of taxation and finance a special fund to be known as the
47 "New York state climate change education fund".
48 2. Such fund shall consist of all revenues received by the department
49 of taxation and finance, pursuant to the provisions of section six
50 hundred thirty-l of the tax law and all other moneys appropriated there-
51 to from any other fund or source pursuant to law. Nothing contained in
52 this section shall prevent the state from receiving grants, gifts or
53 bequests for the purposes of the fund as defined in this section and
54 depositing them into the fund according to law.
55 3. On or before the first day of February each year, the commissioner
56 of education shall provide a written report to the temporary president
A. 1866 6
1 of the senate, speaker of the assembly, chair of the senate finance
2 committee, chair of the assembly ways and means committee, chair of the
3 senate committee on education, chair of the assembly education commit-
4 tee, the state comptroller and the public. Such report shall include how
5 the monies of the fund were utilized during the preceding calendar year
6 and shall include:
7 (i) the amount of money dispersed from the fund and the award process
8 used for such disbursements;
9 (ii) recipients of awards from the fund;
10 (iii) the amount awarded to each recipient;
11 (iv) the purposes for which such awards were granted; and
12 (v) a summary financial plan for such monies which shall include esti-
13 mates of all receipts and all disbursements for the current and succeed-
14 ing fiscal years, along with the actual results from the prior fiscal
15 year.
16 4. Moneys shall be payable from the fund on the audit and warrant of
17 the comptroller on vouchers approved and certified by the commissioner
18 of education.
19 5. The moneys in such fund shall be expended for the purpose of
20 supplementing educational programs in schools for climate change,
21 including such programs offered or provided by a not-for-profit. Eligi-
22 ble programs are those with an established curriculum providing instruc-
23 tion focused on climate change or programs providing teacher training or
24 professional development programs relevant to the advance of climate
25 change literacy of young people.
26 § 6. Severability. If any clause, sentence, paragraph, subdivision or
27 section of this act shall be adjudged by any court of competent juris-
28 diction to be invalid and after exhaustion of all further judicial
29 review, the judgment shall not affect, impair or invalidate the remain-
30 der thereof, but shall be confined in its operation to the clause,
31 sentence, paragraph, subdivision or section of this act directly
32 involved in the controversy in which the judgment shall have been
33 rendered.
34 § 7. This act shall take effect immediately.
