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A09514 Summary:

BILL NOA09514A
 
SAME ASSAME AS S08766
 
SPONSORKelles
 
COSPNSR
 
MLTSPNSR
 
Add 403, St Ad Proc Act
 
Requires applications for licenses granted by certain entities to include specific information to enable such entities to evaluate such license applications for compliance with the goals set forth in the New York state climate leadership and community protection act.
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A09514 Actions:

BILL NOA09514A
 
03/16/2022referred to governmental operations
04/18/2022amend (t) and recommit to governmental operations
04/18/2022print number 9514a
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A09514 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9514A
 
SPONSOR: Kelles
  TITLE OF BILL: An act to amend the state administrative procedure act, in relation to requiring certain entities to evaluate license applications for compli- ance with the goals set forth in the New York state climate leadership and community protection act   PURPOSE OR GENERAL IDEA OF BILL: This bill requires all state licensure under the jurisdiction of the department of environmental conservation, the department of public service, the New York power authority, the Long Island power authority, the office of renewable energy siting, and the New York state energy research and development authority to be in compliance with the green- house gas emissions limits set forth in state environmental conservation law.   SUMMARY OF SPECIFIC PROVISIONS: Section 1: requires the department of environmental conservation, the department of public service, the New York power authority, the Long Island power authority, the office of renewable energy siting, and the New York state energy research and development authority to promulgate regulations to require an application for a permit, license, certif- icate, approval, registration, charter, or similar forms of permission or authority required by law to include information regarding compliance with the New York state climate leadership and community protection act. It shall not include bonds or other forms of security, or individual licenses for practicing a profession or routine licenses or permits for individual privileges, including licenses for operation g a motor vehi- cle. Section 2: sets the effective date.   JUSTIFICATION: The dire warnings from the International Panel on Climate Change contin- ue to make clear that we have only a handful of years to blunt the worst effects of climate change. New York has already taken a critical step towards climate action by putting strong climate goals in law with the passage of the Climate Leadership and Community Protection Act. But the state must ingrain climate compliance into every piece of its oper- ations, and evaluate every action for its compliance with the climate goals in law, to make sure that we can stay on track to cut greenhouse gas emissions by 85% below 1990 levels by 2050. This bill will require that relevant state agencies assess permits, licenses, certificates, approvals, registration, charters, or similar faints of permission or authority required by law for their impact on greenhouse gas emissions, energy usage and environmental justice. To meet our climate goals New York must assess climate impacts with every action and reduce its reliance on fossil fuels. The time to act is now!   PRIOR LEGISLATIVE HISTORY: New Legislation.   FISCAL IMPLICATIONS: None to the state.   EFFECTIVE DATE: Immediately.
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A09514 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9514--A
 
                   IN ASSEMBLY
 
                                     March 16, 2022
                                       ___________
 
        Introduced by M. of A. KELLES -- read once and referred to the Committee
          on  Governmental  Operations  --  committee  discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee
 
        AN ACT to amend the state administrative procedure act, in  relation  to
          requiring  certain  entities  to  evaluate  license  applications  for
          compliance with the goals set forth in  the  New  York  state  climate
          leadership and community protection act
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The state administrative procedure act is amended by adding
     2  a new section 403 to read as follows:
     3    § 403. Compliance with the  New  York  state  climate  leadership  and
     4  community protection act. 1. Notwithstanding any provision of law to the
     5  contrary,  the  department of environmental conservation, the department
     6  of public service, the New York power authority, the Long  Island  power
     7  authority, the office of renewable energy siting, and the New York state
     8  energy  research  and  development  authority  shall, by promulgation of
     9  regulations, require an application for a license to include information
    10  regarding compliance with the goals set forth  in  the  New  York  state
    11  climate  leadership and community protection act. Such information shall
    12  require that each applicant provide information stating:
    13    a. how the license aligns with the New York state  climate  leadership
    14  and community protection act, including:
    15    (i) how the license aligns with the greenhouse gas emission limits set
    16  forth in section 75-0107 of the environmental conservation law;
    17    (ii)  what  are  the estimated greenhouse gas emissions resulting from
    18  the license;
    19    (iii) what energy source will be used;
    20    (iv) what are the short-term and long-term energy sources that will be
    21  used for the license and what are the anticipated short-term  and  long-
    22  term effects of using such energy sources;
    23    b.  how  the  license  will impact the goals set forth in the New York
    24  state climate leadership and community protection act, including  calcu-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14564-02-2

        A. 9514--A                          2
 
     1  lations  of  energy  usage, incorporating upstream impacts from point of
     2  energy usage;
     3    c.  an assessment of impact on environmental justice pursuant to arti-
     4  cle forty-eight of the environmental conservation law; and
     5    d. the number of jobs estimated to be  created  as  a  result  of  the
     6  license, if any.
     7    2.  This section shall apply to applications for the issuance, modifi-
     8  cation or renewal of any permit, license, certificate, approval,  regis-
     9  tration, charter, or similar form of permission or authority required by
    10  law,  or by state agency rules having the force and effect of law, which
    11  is required for a business  undertaking,  project  or  activity  for  an
    12  applicant,  but  shall  not  include  bonds  or  other forms of security
    13  required to be submitted by  applicants,  any  individual  licenses  for
    14  practicing  a profession prescribed in title eight of the education law,
    15  filings under the uniform  commercial  code,  or  routine  licenses  and
    16  permits  for  individual  privileges, including licenses for operating a
    17  motor vehicle.
    18    § 2. This act shall take effect immediately.
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