S04372 Summary:

Amd §75-0113, En Con L; add Art 12-B §§289-g - 289-j, Tax L
Establishes a carbon dioxide emissions price for electric generation from carbon-based fuel and creates a carbon dioxide emissions fund.
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S04372 Actions:

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S04372 Committee Votes:

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S04372 Floor Votes:

There are no votes for this bill in this legislative session.
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S04372 Memo:

Memo not available
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S04372 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                    IN SENATE
                                    February 3, 2021
        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation
        AN ACT to amend the environmental conservation law and the tax  law,  in
          relation to establishing a carbon dioxide emissions price for electric
          generation  from carbon-based fuel and creating a carbon dioxide emis-
          sions fund
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Legislative findings and declaration. The legislature here-
     2  by finds and declares that:
     3    1. As part of the 2020 state budget, the legislature passed the accel-
     4  erated  renewable  energy  growth  and  community benefit act to advance
     5  renewable energy siting and establish tools for  achieving  the  nation-
     6  leading  climate  change  goals  of the climate leadership and community
     7  protection act (CLCPA).
     8    2. a. The CLCPA passed by the legislature and signed by Governor Cuomo
     9  in 2019 codified into law the following requirements:
    10    i. 70% of electricity delivered in New York state must be derived from
    11  renewable resources by 2030;
    12    ii. 100% of the electricity consumed in New York state must be derived
    13  from zero-emissions resources by 2040;
    14    iii. 9,000 megawatts (MW) of offshore wind installed by 2035;
    15    iv. 6,000 MW of distributed solar energy resources installed by 2025;
    16    v. 3,000 MW of energy storage installed by 2030; and
    17    vi. Reducing building end-use energy consumption by 185 trillion Brit-
    18  ish thermal units by 2025.
    19    b. The CLCPA created a 22-member climate action council  to  establish
    20  an implementation plan for how the state will achieve these goals.
    21    3.  The  CLCPA  amended the environmental conservation law by adding a
    22  new section 75-0113 to establish a social cost  of  carbon  for  use  by
    23  state agencies.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 4372                             2
     1    4.  Entities  other  than  state agencies have been considering how to
     2  account for the value of carbon  dioxide  emissions  in  their  business
     3  plans and operations in light of the CLCPA and the accelerated renewable
     4  energy  growth and community benefit act. For example, the federally-de-
     5  signated electric bulk system operator in New York state has developed a
     6  proposal  to  introduce  a carbon pricing mechanism into the competitive
     7  wholesale electricity markets.  Encouraging  the  incorporation  of  the
     8  social cost of carbon established under the CLCPA into a carbon price by
     9  entities  beyond state agencies would facilitate programs to incorporate
    10  the social cost of carbon in energy and  other  sectors  of  New  York's
    11  economy that emit greenhouse gases.
    12    §  2.  Subdivision 1 of section 75-0113 of the environmental conserva-
    13  tion law, as added by chapter 106 of the laws of  2019,  is  amended  to
    14  read as follows:
    15    1.  No  later  than one year after the effective date of this article,
    16  the department, in consultation with the New York state energy  research
    17  and  development  authority, shall establish a social cost of carbon for
    18  use by state agencies, and shall be taken into account in carbon pricing
    19  mechanism programs in New York state, expressed in terms of dollars  per
    20  ton of carbon dioxide equivalent.
    21    §  3.  The  tax law is amended by adding a new article 12-B to read as
    22  follows:
    23                                ARTICLE 12-B
    25                                    FUEL
    26  Section 289-g. Definitions.
    27           289-h. Determination and establishment of carbon dioxide  emis-
    28                    sions price.
    29           289-i. Carbon dioxide emissions fund.
    30           289-j. Regulations.
    31    §  289-g. Definitions. For the purposes of this article, the following
    32  terms shall have the following meanings:
    33    1. "Carbon-based fuel" means coal,  natural  gas,  renewable  biomass,
    34  petroleum  products,  and  any  other product that emits carbon dioxide,
    35  methane, nitrous oxide, or other greenhouse gases  when  combusted,  and
    36  that is used for fuel for the purposes of producing electric energy.
    37    2. "Carbon-generated electricity" means electric energy produced using
    38  a carbon-based fuel.
    39    3.  "Carbon  dioxide  equivalent" means a unit of measure denoting the
    40  amount of emissions from a greenhouse gas, expressed as  the  amount  of
    41  carbon dioxide by weight that produces the same global warming impact.
    42    4.  "Carbon  dioxide  emissions price" means a price that incorporates
    43  the social cost of carbon established by the department of environmental
    44  conservation pursuant to subdivision one of section 75-0113 of the envi-
    45  ronmental conservation law on each ton  of  carbon  dioxide  equivalency
    46  emitted in the production of electric energy.
    47    §  289-h.  Determination and establishment of carbon dioxide emissions
    48  price.  1. The department of environmental conservation shall  determine
    49  and establish a carbon dioxide emissions price.  The department of envi-
    50  ronmental  conservation  may  also  obtain information necessary for the
    51  determination of the price from other state or federal agencies  or  the
    52  federally designated electric bulk system operator.
    53    2.  Upon  determining  and  establishing  the carbon dioxide emissions
    54  price, the department of environmental conservation shall transmit  such
    55  price  to  the federally designated electric bulk system operator in New
    56  York state for use in its proposal to introduce a carbon  pricing  mech-

        S. 4372                             3
     1  anism  into competitive wholesale electricity markets, thereby conveying
     2  support by the state of New York for the bulk system operator to  final-
     3  ize  the  carbon  pricing  mechanism and submit it to the federal energy
     4  regulatory  commission  for  approval.  The  amount  of charges paid for
     5  allowances auctioned under the regional greenhouse gas initiative  shall
     6  be deducted from the price determined pursuant to this section.
     7    3. The department of environmental conservation shall be authorized to
     8  develop  any rule or regulation necessary to determine and establish the
     9  carbon dioxide emissions price authorized under this article.
    10    4. Notwithstanding any general or special law  to  the  contrary,  the
    11  price  authorized  under this section shall not be paid by any generator
    12  of carbon-based electricity if such requirement is superseded by federal
    13  law or regulation.
    14    § 289-i. Carbon dioxide emissions fund.  1. The department, in coordi-
    15  nation with the department of environmental conservation,  shall  estab-
    16  lish  the  carbon dioxide emissions fund, and the department of environ-
    17  mental conservation's office of climate change shall serve as the fund's
    18  administrator. The department of environmental conservation shall depos-
    19  it into such fund all revenues transferred to it by load  serving  enti-
    20  ties,  to the extent that such revenues are provided to such entities by
    21  the federally designated electric bulk system operator in New York state
    22  in accordance with the implementation of  section  two  hundred  eighty-
    23  nine-h  of  this  article.  No such revenues shall fund government oper-
    24  ations of New York state, other than to pay for  reasonable  administra-
    25  tive costs as provided under subdivision two of this section.
    26    2.  The office of climate change shall distribute sixty percent of all
    27  carbon dioxide emissions price revenues as follows:  (a)  forty  percent
    28  shall  be returned to very low to moderate income residents of the state
    29  in the form of tax credits in order to offset the  cost  of  the  carbon
    30  dioxide  emissions  price.   The amount of such credit shall be based on
    31  estimates and averages of expense and consumption trends for very low to
    32  moderate income residents determined by the office of climate change  in
    33  conjunction  with  the  department  of public service in accordance with
    34  regulations pursuant to section two hundred eighty-nine-j of this  arti-
    35  cle.   Such credit shall be progressively issued to very low to moderate
    36  income residents. Such income categories shall mean  those  with  income
    37  below  fifty percent for very low income residents, income between fifty
    38  and eighty percent for low income residents, and income between  eighty-
    39  one  and  one  hundred fifteen percent for moderate income residents, of
    40  the area median income as determined by the department  of  housing  and
    41  urban  development;  and (b) twenty percent shall be used to support the
    42  transition to renewable energy and improve climate change adaptation  in
    43  disadvantaged  communities  as  defined  in  subdivision five of section
    44  75-0101 of the environmental conservation law, including but not limited
    45  to payments and subsidies for renewable energy, energy conservation  and
    46  efficiency  measures, improvements in infrastructure, protection of low-
    47  lying areas including coastlines, and  emergency  responses  to  extreme
    48  weather events.
    49    3.  The  office of climate change shall distribute the remaining forty
    50  percent of revenues of such fund  to  support  mass  transit  to  reduce
    51  carbon emissions.
    52    §  289-j.  Regulations.    The  department,  in  coordination with the
    53  department of environmental conservation and the  department  of  public
    54  service,  shall promulgate such rules and regulations as shall be neces-
    55  sary to implement the provisions of this article.
    56    § 4. This act shall take effect immediately.
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