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.
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.
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.
