Bill Text: NY A06321 | 2009-2010 | General Assembly | Amended
Bill Title: Enacts the climate change solutions program act; relates to greenhouse gas emissions reduction programs and energy efficiency programs; establishes powers and duties of the commissioner of environmental conservation with respect to the climate change solutions program.
Spectrum: Strong Partisan Bill (Democrat 34-3)
Status: (Engrossed - Dead) 2010-02-22 - amended on third reading 6321a [A06321 Detail]
Download: New_York-2009-A06321-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6321--A
Cal. No. 432
2009-2010 Regular Sessions
I N A S S E M B L Y
March 2, 2009
___________
Introduced by M. of A. SWEENEY, GIANARIS, WEISENBERG, COLTON, DINOWITZ,
GUNTHER, MARKEY, PAULIN, CLARK, CAHILL, JAFFEE, BING, MILLMAN, BENE-
DETTO, LUPARDO, ENGLEBRIGHT, ROSENTHAL, LIFTON, PEOPLES-STOKES,
MAGNARELLI, BOYLAND, ALFANO, FIELDS, KAVANAGH, SCHIMEL, PERALTA --
Multi-Sponsored by -- M. of A. GALEF, HOOPER, JACOBS, LATIMER,
V. LOPEZ, MAISEL, PERRY, PHEFFER, WEINSTEIN -- read once and referred
to the Committee on Environmental Conservation -- reported from
committee, advanced to a third reading, amended and ordered reprinted,
retaining its place on the order of third reading
AN ACT to amend the environmental conservation law, in relation to
establishing the climate change solutions program act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative findings. The legislature finds and declares
2 that global climate change threatens the environment, natural resources
3 and economy of New York state. In an effort to reduce its contribution
4 to global climate change, the state has led the way in developing a
5 region-wide cap and trade program to stabilize and reduce carbon dioxide
6 emissions from electric generating facilities. In New York, one hundred
7 percent of the state's emissions allowance budget will be auctioned for
8 consumer benefit. The legislature finds that the proceeds from auctions
9 should primarily be invested in energy efficiency and energy conserva-
10 tion programs, as well as programs that increase the state's investment
11 in clean renewable sources of energy and programs that help meet the
12 state's other air quality goals.
13 S 2. Article 19 of the environmental conservation law is amended by
14 adding a new title 13 to read as follows:
15 TITLE 13
16 CLIMATE CHANGE SOLUTIONS PROGRAM ACT
17 SECTION 19-1301. SHORT TITLE.
18 19-1303. DEFINITIONS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02939-02-0
A. 6321--A 2
1 19-1305. POWERS AND DUTIES OF THE COMMISSIONER.
2 19-1307. GREENHOUSE GAS EMISSIONS REDUCTION PROGRAM.
3 19-1309. ENERGY EFFICIENCY PROGRAM.
4 19-1311. RENEWABLE ENERGY DEVELOPMENT PROGRAM.
5 19-1313. CLEAN AIR TECHNOLOGY PROGRAM.
6 S 19-1301. SHORT TITLE.
7 THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS THE CLIMATE CHANGE
8 SOLUTIONS PROGRAM ACT.
9 S 19-1303. DEFINITIONS.
10 AS USED IN THIS TITLE:
11 1. "AUTHORITY" SHALL MEAN THE STATE ENERGY RESEARCH AND DEVELOPMENT
12 AUTHORITY, CONTINUED BY SECTION EIGHTEEN HUNDRED FIFTY-TWO OF THE PUBLIC
13 AUTHORITIES LAW.
14 2. "MUNICIPALITY" MEANS A COUNTY, CITY, TOWN, VILLAGE, SCHOOL
15 DISTRICT, OR INDIAN TRIBE OR NATION RESIDING WITHIN NEW YORK STATE, OR
16 ANY COMBINATION THEREOF.
17 3. "NOT-FOR-PROFIT CORPORATION" MEANS A CORPORATION FORMED PURSUANT TO
18 THE NOT-FOR-PROFIT CORPORATION LAW AND QUALIFIED FOR TAX-EXEMPT STATUS
19 UNDER THE FEDERAL INTERNAL REVENUE CODE.
20 4. "STATE ASSISTANCE PAYMENT" MEANS PAYMENT OF MONIES BY THE STATE FOR
21 PROJECTS AUTHORIZED BY THE CLIMATE CHANGE SOLUTIONS FUND PURSUANT TO
22 SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
23 S 19-1305. POWERS AND DUTIES OF THE COMMISSIONER.
24 IN ADMINISTERING THE PROVISIONS OF THIS TITLE, THE COMMISSIONER:
25 1. SHALL MAKE AN ITEMIZED ESTIMATE OF FUNDS OR APPROPRIATIONS
26 REQUESTED ANNUALLY FOR INCLUSION IN THE EXECUTIVE BUDGET;
27 2. MAY, IN THE NAME OF THE STATE, AS FURTHER PROVIDED WITHIN THIS
28 TITLE, CONTRACT TO MAKE, WITHIN THE LIMITATIONS OF APPROPRIATIONS AVAIL-
29 ABLE THEREFOR, STATE ASSISTANCE PAYMENTS TO MUNICIPALITIES AND NOT-FOR-
30 PROFIT CORPORATIONS TOWARD THE COST OF ELIGIBLE ACTIVITIES PURSUANT TO
31 THIS TITLE. SUCH CONTRACTS SHALL BE SUBJECT TO APPROVAL BY THE STATE
32 COMPTROLLER AND, AS TO FORM, BY THE ATTORNEY GENERAL;
33 3. SHALL APPROVE VOUCHERS FOR THE PAYMENTS PURSUANT TO APPROVED
34 CONTRACT. ALL SUCH PAYMENTS SHALL BE PAID ON THE AUDIT AND WARRANT OF
35 THE STATE COMPTROLLER;
36 4. NO LATER THAN THIRTY DAYS AFTER THE END OF EACH CALENDAR YEAR, THE
37 COMMISSIONER SHALL REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
38 THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE SENATE FINANCE
39 COMMITTEE AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE ON THE
40 IMPLEMENTATION OF THE CLIMATE CHANGE SOLUTIONS PROGRAM AND SHALL MAKE
41 SUCH REPORT AVAILABLE ON THE DEPARTMENT'S WEBSITE. THE DEPARTMENT MAY
42 CONSULT OTHER STATE DEPARTMENTS, AGENCIES AND PUBLIC AUTHORITIES FOR
43 INFORMATION AS MAY BE REQUIRED IN THE PREPARATION OF SUCH REPORT AND
44 SUCH STATE DEPARTMENTS AND AGENCIES AND AUTHORITIES SHALL PROVIDE DATA
45 AND ASSISTANCE AS APPROPRIATE. SUCH REPORT SHALL INCLUDE:
46 A. AN ASSESSMENT OF THE EFFECTIVENESS OF THE PROGRAM, INCLUDING THE
47 ESTIMATED GREENHOUSE GAS REDUCTION RESULTING FROM THE ACTIVITIES
48 DESCRIBED IN THIS TITLE, THE ESTIMATED IMPACT ON CONSUMER ELECTRIC AND
49 HEATING BILLS, AND THE PROGRAM'S OVERALL IMPACT ON ENERGY DEMAND;
50 B. A DETAILED LISTING OF FUND RECEIPTS INCLUDING:
51 (I) ALLOWANCE TRADING PRICES,
52 (II) TOTAL QUARTERLY RECEIPTS,
53 (III) TOTAL ANNUAL RECEIPTS, AND
54 (IV) TOTAL LIFE-TO-DATE RECEIPTS;
55 C. A DETAILED DESCRIPTION OF EXPENDITURES INCLUDING:
56 (I) TOTAL APPROPRIATIONS,
A. 6321--A 3
1 (II) TOTAL PROJECT COSTS,
2 (III) TOTAL COMMITMENTS,
3 (IV) TOTAL OUTSTANDING ENCUMBRANCES,
4 (V) TOTAL YEAR-TO-DATE DISBURSEMENTS,
5 (VI) TOTAL LIFE-TO-DATE DISBURSEMENTS, AND
6 (VII) THE TOTAL REMAINING UNCOMMITTED FUND BALANCE; AND
7 5. MAY PERFORM SUCH OTHER AND FURTHER ACTS AS MAY BE NECESSARY, PROPER
8 OR DESIRABLE TO CARRY OUT THE PROVISIONS OF THIS TITLE.
9 S 19-1307. GREENHOUSE GAS EMISSIONS REDUCTION PROGRAM.
10 1. AS USED IN THIS SECTION:
11 A. "CLEAN-FUELED VEHICLE" SHALL MEAN ANY MOTOR VEHICLE AS DEFINED IN
12 SECTION ONE HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW, THAT
13 USES ELECTRICITY, INCLUDING ELECTRICITY EITHER STORED OR GENERATED
14 ON-BOARD, AS ITS PRIMARY MOTIVE FORCE, OR THAT IS FUELED BY NATURAL GAS,
15 PROPANE, OR HYDROGEN.
16 B. "COSTS" MEAN THE CAPITAL COST OF A GREENHOUSE GAS EMISSIONS
17 REDUCTION PROJECT INCLUDING BUT NOT LIMITED TO ENGINEERING AND ARCHITEC-
18 TURAL SERVICES, SURVEYS, PLANS AND SPECIFICATIONS; CONSULTANT AND LEGAL
19 SERVICES.
20 C. "GREENHOUSE GAS EMISSION REDUCTION PROJECTS" MEAN THE PURCHASE AND
21 INSTALLATION OF GREENHOUSE GAS EMISSION REDUCTION TECHNOLOGIES.
22 D. "GREENHOUSE GAS EMISSION REDUCTION TECHNOLOGIES" SHALL INCLUDE BUT
23 NOT BE LIMITED TO:
24 (I) COGENERATION TECHNOLOGIES, WHICH SHALL MEAN ANY ONE OF THE SEVERAL
25 TECHNOLOGIES WHEREIN WASTE HEAT FROM ON-SITE ELECTRIC GENERATION PROCESS
26 IS RECOVERED TO PROVIDE STEAM OR HOT WATER TO MEET ON-SITE NEEDS, SUCH
27 AS HEATING AND/OR AIR CONDITIONING AND WHICH ATTAINS OVERALL SYSTEM
28 EFFICIENCY AS ESTABLISHED BY THE DEPARTMENT, CONSIDERING BOTH THERMAL
29 AND ELECTRICAL PROCESSES TOGETHER;
30 (II) FURNACE AND BOILER REPLACEMENTS AND RETROFITS, PROVIDED THAT NEW
31 OR RETROFITTED FURNACES AND BOILERS SHALL NOT AT ANY TIME OPERATE ON
32 DIESEL FUEL WITH A SULFUR CONTENT GREATER THAN 0.05 PERCENT BY WEIGHT;
33 (III) THE PURCHASE OF CLEAN FUELED VEHICLES OR THE CONVERSION OF
34 EXISTING VEHICLES TO CLEAN FUELED VEHICLES; AND
35 (IV) OTHER MEASURES THAT WILL REDUCE THE DEMAND FOR AND/OR THE
36 CONSUMPTION OF ENERGY, INCLUDING FUELS, AS DETERMINED BY THE DEPARTMENT
37 IN CONSULTATION WITH THE AUTHORITY.
38 2. THE DEPARTMENT IS AUTHORIZED, WITHIN AMOUNTS APPROPRIATED, TO MAKE
39 STATE ASSISTANCE PAYMENTS ON A COMPETITIVE BASIS FOR APPROVED GREENHOUSE
40 GAS EMISSIONS REDUCTION PROJECTS TO MUNICIPALITIES AND NOT-FOR-PROFIT
41 CORPORATIONS.
42 3. ANY MUNICIPALITY OR NOT-FOR-PROFIT CORPORATION UPON APPROVAL OF ITS
43 GOVERNING BODY MAY SUBMIT AN APPLICATION TO THE DEPARTMENT IN SUCH FORM
44 CONTAINING SUCH INFORMATION AS THE DEPARTMENT MAY REQUIRE FOR STATE
45 ASSISTANCE PAYMENTS FOR THE COSTS OF GREENHOUSE GAS EMISSION REDUCTION
46 PROJECTS.
47 4. TO THE FULLEST EXTENT PRACTICABLE, IT IS THE POLICY OF THE STATE TO
48 PROMOTE AN EQUITABLE REGIONAL DISTRIBUTION OF GREENHOUSE GAS REDUCTION
49 PROJECTS, PROVIDED THAT PRIORITY SHALL BE GIVEN TO PROJECTS THAT RESULT
50 IN THE HIGHEST GREENHOUSE GAS EMISSION REDUCTIONS.
51 5. STATE ASSISTANCE PAYMENTS SHALL NOT EXCEED SEVENTY-FIVE PERCENT OF
52 THE COSTS OF THE PROJECT, PROVIDED THAT FOR THE PURPOSES OF THIS SECTION
53 ANY OTHER MONIES OF THE AUTHORITY OR THE DEPARTMENT MAY NOT BE USED FOR
54 THE LOCAL SHARE. SUCH COSTS ARE SUBJECT TO FINAL COMPUTATION BY THE
55 COMMISSIONER UPON COMPLETION OF THE PROJECT AND SHALL NOT EXCEED THE
56 MAXIMUM ELIGIBLE COST SET FORTH IN THE CONTRACT.
A. 6321--A 4
1 6. THE DEPARTMENT SHALL REVIEW SUCH APPLICATIONS AND MAY APPROVE,
2 DISAPPROVE OR RECOMMEND MODIFICATIONS THERETO CONSISTENT WITH APPLICABLE
3 LAW.
4 S 19-1309. ENERGY EFFICIENCY PROGRAM.
5 1. AS USED IN THIS SECTION:
6 A. "COST" SHALL MEAN THE CAPITAL COST OF AN ENERGY EFFICIENCY PROJECT
7 INCLUDING BUT NOT LIMITED TO ENGINEERING AND ARCHITECTURAL SERVICES,
8 PLANS AND SPECIFICATIONS, CONSULTANT AND LEGAL SERVICES.
9 B. "ENERGY EFFICIENCY PROJECTS" SHALL MEAN THE PURCHASE AND INSTALLA-
10 TION OF ENERGY EFFICIENCY TECHNOLOGIES THAT WILL REDUCE THE CONSUMPTION
11 OF ELECTRICITY AT NEW OR EXISTING BUILDINGS.
12 C. "ENERGY EFFICIENCY TECHNOLOGIES" SHALL MEAN TECHNOLOGIES THAT
13 REDUCE THE CONSUMPTION OF ELECTRICITY INCLUDING BUT NOT LIMITED TO:
14 (I) REPLACEMENT OF INEFFICIENT LIGHTING FIXTURES;
15 (II) APPLIANCES AND EQUIPMENT THAT MEET ENERGY EFFICIENCY PERFORMANCE
16 STANDARDS AS IDENTIFIED IN CHAPTER FOUR HUNDRED THIRTY-ONE OF THE LAWS
17 OF TWO THOUSAND FIVE; AND
18 (III) OTHER SUCH MEASURES THAT WILL REDUCE THE DEMAND FOR AND/OR THE
19 CONSUMPTION OF ELECTRICITY AS DETERMINED BY THE AUTHORITY.
20 D. "FINANCIAL ASSISTANCE" MEANS STATE ASSISTANCE PAYMENTS, LOANS,
21 INTEREST SUBSIDIES, ZERO PERCENT INTEREST LOANS, AND/OR ENERGY PERFORM-
22 ANCE CONTRACTS, AS DEFINED IN SUBDIVISION FOUR OF SECTION 9-102 OF THE
23 ENERGY LAW.
24 2. THE AUTHORITY IN CONSULTATION WITH THE DEPARTMENT IS AUTHORIZED
25 WITHIN AMOUNTS APPROPRIATED, TO PROVIDE FINANCIAL ASSISTANCE ON A
26 COMPETITIVE BASIS FOR APPROVED ENERGY EFFICIENCY PROJECTS.
27 3. ANY NEW YORK ELECTRIC UTILITY CUSTOMER MAY SUBMIT AN APPLICATION TO
28 THE AUTHORITY FOR THE COST OF ENERGY EFFICIENCY PROJECTS IN SUCH FORM
29 CONTAINING SUCH INFORMATION AS THE AUTHORITY MAY REQUIRE.
30 4. PRIORITY SHALL BE GIVEN TO PROJECTS THAT:
31 A. ESTIMATE THE HIGHEST AMOUNT OF ENERGY SAVINGS AS MEASURED AGAINST A
32 THREE YEAR BASELINE; OR
33 B. ARE CONDUCTED IN (I) AREAS WITH CENSUS TRACTS AND BLOCK NUMBERING
34 AREAS WHICH, AS OF THE TWO THOUSAND CENSUS HAVE A POVERTY RATE OF AT
35 LEAST TWENTY PERCENT FOR THE YEAR TO WHICH THE DATA RELATE OR (II) AREAS
36 WITH AN UNEMPLOYMENT RATE OF AT LEAST ONE AND ONE-QUARTER TIMES THE
37 STATEWIDE UNEMPLOYMENT RATE FOR THE YEAR TO WHICH THE DATA RELATE.
38 THE AUTHORITY SHALL ESTABLISH ADDITIONAL INCOME AND OTHER ELIGIBILITY
39 CRITERIA TO PROMOTE AN EQUITABLE DISTRIBUTION OF ENERGY EFFICIENCY
40 PROJECTS THROUGHOUT THE STATE. SUCH CRITERIA SHALL SEEK TO ENSURE THAT
41 PROJECTS ARE CONDUCTED IN LOW-INCOME COMMUNITIES THROUGHOUT THE STATE
42 AND THAT LOW AND MIDDLE CLASS RESIDENTIAL CUSTOMERS RECEIVE ACCESS TO
43 SUCH PROJECT FUNDING.
44 5. STATE ASSISTANCE PAYMENTS SHALL NOT EXCEED SEVENTY-FIVE PERCENT OF
45 THE COSTS OF THE PROJECT, PROVIDED THAT FOR THE PURPOSES OF THIS SECTION
46 ANY OTHER MONIES OF THE AUTHORITY OR THE DEPARTMENT MAY NOT BE USED FOR
47 THE LOCAL SHARE. OTHER FINANCIAL ASSISTANCE SHALL NOT EXCEED LIMITS
48 ESTABLISHED IN RULES AND REGULATIONS DEVELOPED BY THE AUTHORITY AND
49 SUBJECT TO THE APPROVAL OF THE DEPARTMENT.
50 6. PRIOR TO PROCESSING APPLICATIONS FOR FINANCIAL ASSISTANCE TOWARD
51 THE COST OF ENERGY EFFICIENCY PROJECTS, THE PRESIDENT OF THE AUTHORITY
52 SHALL PROMULGATE, IN CONSULTATION WITH THE COMMISSIONER, RULES AND REGU-
53 LATIONS WHICH SHALL INCLUDE CRITERIA FOR DETERMINING ELIGIBLE EXPENDI-
54 TURES AND PROCEDURES FOR GOVERNING THE COMMITMENT AND DISBURSEMENT OF
55 FINANCIAL ASSISTANCE IN ACCORDANCE WITH THIS SECTION.
A. 6321--A 5
1 7. SUCH COSTS ARE SUBJECT TO FINAL COMPUTATION BY THE PRESIDENT OF THE
2 AUTHORITY UPON COMPLETION OF THE PROJECT AND SHALL NOT EXCEED THE MAXI-
3 MUM ELIGIBLE COST SET FORTH IN THE CONTRACT.
4 8. THE AUTHORITY SHALL REVIEW SUCH APPLICATIONS AND MAY APPROVE,
5 DISAPPROVE OR RECOMMEND MODIFICATIONS THERETO CONSISTENT WITH APPLICABLE
6 LAW.
7 S 19-1311. RENEWABLE ENERGY DEVELOPMENT PROGRAM.
8 1. AS USED IN THIS SECTION:
9 A. "COST" SHALL MEAN THE CAPITAL COST OF A RENEWABLE ENERGY DEVELOP-
10 MENT PROJECT INCLUDING BUT NOT LIMITED TO ENGINEERING AND ARCHITECTURAL
11 SERVICES, SURVEYS, PLANS AND SPECIFICATIONS; CONSULTANT AND LEGAL
12 SERVICES.
13 B. "FINANCIAL ASSISTANCE" SHALL MEAN STATE ASSISTANCE PAYMENTS AND/OR
14 PERFORMANCE BASED INCENTIVES THAT ARE DIRECTLY PROPORTIONAL TO REAL,
15 VERIFIED KWH PRODUCTION GENERATED BY THE RENEWABLE ELECTRIC POWER TECH-
16 NOLOGY.
17 C. "RENEWABLE ENERGY DEVELOPMENT PROJECTS" MEAN THE PURCHASE AND
18 INSTALLATION OF TECHNOLOGIES DESIGNED TO CONVERT RENEWABLE ENERGY INTO
19 ELECTRICITY OR OTHER END USES, WHERE RENEWABLE ENERGY INCLUDES SOLAR,
20 WIND, TIDAL, FUEL CELL, GEOTHERMAL AND HYDROGEN, BUT DOES NOT INCLUDE
21 COMBUSTION OR PYROLOSIS OF SOLID WASTE AS DEFINED IN SECTION 27-0701 OF
22 THIS CHAPTER OR ELECTRICITY GENERATED FROM NUCLEAR POWER PLANTS.
23 2. THE AUTHORITY IN CONSULTATION WITH THE DEPARTMENT IS AUTHORIZED,
24 WITHIN AMOUNTS APPROPRIATED, TO PROVIDE FINANCIAL ASSISTANCE ON A
25 COMPETITIVE BASIS FOR APPROVED RENEWABLE ENERGY DEVELOPMENT PROJECTS.
26 3. ANY NEW YORK ELECTRIC UTILITY CUSTOMER MAY SUBMIT AN APPLICATION TO
27 THE AUTHORITY FOR THE COST OF RENEWABLE ENERGY DEVELOPMENT PROJECTS OR
28 PERFORMANCE BASED INCENTIVES IN SUCH FORM CONTAINING SUCH INFORMATION AS
29 THE AUTHORITY MAY REQUIRE.
30 4. STATE ASSISTANCE PAYMENTS SHALL NOT EXCEED NINETY PERCENT OF THE
31 COSTS OF THE PROJECT, PROVIDED THAT FOR THE PURPOSES OF THIS SECTION ANY
32 OTHER MONIES OF THE AUTHORITY OR THE DEPARTMENT MAY NOT BE USED FOR THE
33 LOCAL SHARE. OTHER FINANCIAL ASSISTANCE SHALL NOT EXCEED LIMITS ESTAB-
34 LISHED IN RULES AND REGULATIONS DEVELOPED BY THE AUTHORITY AND SUBJECT
35 TO THE APPROVAL OF THE DEPARTMENT.
36 5. SUCH COSTS ARE SUBJECT TO FINAL COMPUTATION BY THE PRESIDENT OF THE
37 AUTHORITY UPON COMPLETION OF THE PROJECT AND SHALL NOT EXCEED THE MAXI-
38 MUM ELIGIBLE COST SET FORTH IN THE CONTRACT.
39 6. THE AUTHORITY SHALL REVIEW SUCH APPLICATIONS AND MAY APPROVE,
40 DISAPPROVE OR RECOMMEND MODIFICATIONS THERETO CONSISTENT WITH APPLICABLE
41 LAW.
42 S 19-1313. CLEAN AIR TECHNOLOGY PROGRAM.
43 1. AS USED IN THIS SECTION:
44 A. "BEST AVAILABLE CONTROL TECHNOLOGIES" SHALL MEAN A VERIFIED DIESEL
45 EMISSION CONTROL DEVICE THAT ACHIEVES A PARTICULATE MATTER (PM) EMISSION
46 REDUCTION OF EIGHTY-FIVE PERCENT OR MORE FROM UNCONTROLLED ENGINE EMIS-
47 SION LEVELS, OR THAT REDUCES EMISSIONS TO LESS THAN OR EQUAL TO 0.01
48 GRAMS OF PM PER BRAKE HORSEPOWER-HOUR. BEST AVAILABLE CONTROL ALSO
49 INCLUDES REPOWERING OR REPLACING THE EXISTING DIESEL ENGINE WITH AN
50 ENGINE MEETING USEPA'S 2007 HEAVY-DUTY HIGHWAY DIESEL STANDARDS, OR IN
51 THE CASE OF A NON-ROAD ENGINE, AN ENGINE MEETING THE USEPA'S TIER 4
52 NON-ROAD DIESEL STANDARDS; BEST AVAILABLE CONTROL ALSO INCLUDES NEW
53 DIESEL ENGINES MEETING SAID EMISSIONS STANDARDS.
54 B. "CARB" MEANS THE CALIFORNIA AIR RESOURCES BOARD.
55 C. "CLEAN AIR TECHNOLOGY PROJECTS" SHALL MEAN PROJECTS TO PURCHASE AND
56 INSTALL BEST AVAILABLE CONTROL TECHNOLOGIES, PROVIDED THAT THE AUTHORITY
A. 6321--A 6
1 SHALL ALSO REQUIRE THE APPLICANT TO INSTALL A CLOSED CRANKCASE VENTI-
2 LATION SYSTEM ON ALL ENGINES.
3 D. "CLOSED CRANKCASE VENTILATION SYSTEM" OR "CCV" SHALL MEAN EQUIPMENT
4 THAT COMPLETELY CLOSES THE CRANKCASE OF A DIESEL ENGINE TO THE ATMOS-
5 PHERE AND ROUTES THE CRANKCASE VAPOR TO THE ENGINE INTAKE AIR SYSTEM OR
6 THE EXHAUST SYSTEM.
7 E. "USEPA" MEANS THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.
8 F. "VERIFIED DIESEL EMISSION CONTROL DEVICE" MEANS AN EMISSION CONTROL
9 DEVICE OR STRATEGY THAT HAS BEEN VERIFIED TO ACHIEVE A SPECIFIED DIESEL
10 PM REDUCTION BY USEPA OR CARB; OR REPLACEMENT OR REPOWERING WITH AN
11 ENGINE THAT IS CERTIFIED TO SPECIFIC PM EMISSIONS PERFORMANCE BY USEPA
12 OR CARB.
13 2. THE AUTHORITY IN CONSULTATION WITH THE DEPARTMENT IS AUTHORIZED,
14 WITHIN AMOUNTS APPROPRIATED, TO MAKE STATE ASSISTANCE PAYMENTS ON A
15 COMPETITIVE BASIS TO APPROVED CLEAN AIR TECHNOLOGY PROJECTS.
16 3. ANY MUNICIPALITY UPON APPROVAL OF ITS GOVERNING BODY MAY SUBMIT AN
17 APPLICATION TO THE DEPARTMENT IN SUCH FORM CONTAINING SUCH INFORMATION
18 AS THE DEPARTMENT MAY REQUIRE FOR STATE ASSISTANCE PAYMENTS FOR THE
19 COSTS OF CLEAN AIR TECHNOLOGY PROJECTS.
20 4. STATE ASSISTANCE PAYMENTS SHALL NOT EXCEED NINETY PERCENT OF THE
21 COSTS OF THE PROJECT, PROVIDED THAT FOR THE PURPOSES OF THIS SECTION ANY
22 OTHER MONIES OF THE AUTHORITY MAY NOT BE USED FOR THE LOCAL SHARE.
23 5. SUCH COSTS ARE SUBJECT TO FINAL COMPUTATION BY THE PRESIDENT OF THE
24 AUTHORITY UPON COMPLETION OF THE PROJECT AND SHALL NOT EXCEED THE MAXI-
25 MUM ELIGIBLE COST SET FORTH IN THE CONTRACT.
26 6. THE AUTHORITY SHALL REVIEW SUCH APPLICATIONS AND MAY APPROVE,
27 DISAPPROVE OR RECOMMEND MODIFICATIONS THERETO CONSISTENT WITH APPLICABLE
28 LAW.
29 S 3. This act shall take effect immediately or on the same date as a
30 chapter of the laws of 2010 amending the environmental conservation law
31 and the state finance law, relating to the climate change solutions fund
32 as proposed in legislative bills numbers S. 5641 and A. 7017, takes
33 effect, whichever is later.
