Bill Text: NY A06566 | 2021-2022 | General Assembly | Introduced
Bill Title: Enacts the clean air and clean water environmental bond act of 2021 (Part A); implements the clean air and clean water environmental bond act of 2021 (Part B).
Spectrum: Partisan Bill (Democrat 23-0)
Status: (Introduced - Dead) 2022-01-05 - referred to environmental conservation [A06566 Detail]
Download: New_York-2021-A06566-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6566 2021-2022 Regular Sessions IN ASSEMBLY March 19, 2021 ___________ Introduced by M. of A. ENGLEBRIGHT, AUBRY, BARRETT, BURDICK, DINOWITZ, EPSTEIN, GALEF, GONZALEZ-ROJAS, GRIFFIN, HEVESI, JACKSON, KELLES, LUNSFORD, MAGNARELLI, McDONALD, McMAHON, OTIS, PAULIN, SEAWRIGHT, SILLITTI, SIMON, STERN, THIELE -- read once and referred to the Committee on Environmental Conservation AN ACT authorizing the creation of state debt in the amount of three billion dollars, in relation to creating the clean air and clean water environmental bond act of 2021 for the purposes of environmental improvements that preserve, enhance, and restore New York's natural resources and reduce the impact of climate change; and providing for the submission to the people of a proposition or question therefor to be voted upon at the general election to be held in November 2021 (Part A); and to amend the envioronmental conservation law and the state finance law, in relation to the implementation of the clean air and clean water environmental bond act of 2021 (Part B) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law components of legislation which 2 are necessary to implement legislation relating to the clean air and 3 clean water environmental bond act of 2021. Each component is wholly 4 contained within a Part identified as Parts A through B. The effective 5 date for each particular provision contained within such Part is set 6 forth in the last section of such Part. Any provision in any section 7 contained within a Part, including the effective date of the Part, which 8 makes a reference to a section "of this act", when used in connection 9 with that particular component, shall be deemed to mean and refer to the 10 corresponding section of the Part in which it is found. Section three 11 of this act sets forth the general effective date of this act. 12 PART A EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10504-01-1A. 6566 2 1 Section 1. The clean air and clean water environmental bond act of 2 2021 is enacted to read as follows: 3 CLEAN AIR AND CLEAR WATER 4 ENVIRONMENTAL BOND ACT OF 2021 5 Section 1. Short title. 6 2. Creation of state debt. 7 3. Bonds of the state. 8 4. Use of moneys received. 9 Section 1. Short title. This act shall be known and may be cited as the 10 "clean air and clean water environmental bond act of 2021". 11 § 2. Creation of state debt. The creation of state debt in an amount 12 not exceeding in the aggregate three billion dollars ($3,000,000,000) is 13 hereby authorized to provide moneys for the single purpose of making 14 environmental improvements that preserve, enhance, and restore New 15 York's natural resources and reduce the impact of climate change by 16 funding capital projects for: restoration and flood risk reduction not 17 less than one billion dollars ($1,000,000,000); open space land conser- 18 vation and recreation up to five hundred fifty million dollars 19 ($550,000,000); climate change mitigation up to seven hundred million 20 dollars ($700,000,000); and, water quality improvement and resilient 21 infrastructure not less than five hundred fifty million dollars 22 ($550,000,000). 23 § 3. Bonds of the state. The state comptroller is hereby authorized 24 and empowered to issue and sell bonds of the state up to the aggregate 25 amount of three billion dollars ($3,000,000,000) for the purposes of 26 this act, subject to the provisions of article 5 of the state finance 27 law. The aggregate principal amount of such bonds shall not exceed three 28 billion dollars ($3,000,000,000) excluding bonds issued to refund or 29 otherwise repay bonds heretofore issued for such purpose; provided, 30 however, that upon any such refunding or repayment, the total aggregate 31 principal amount of outstanding bonds may be greater than three billion 32 dollars ($3,000,000,000) only if the present value of the aggregate debt 33 service of the refunding or repayment bonds to be issued shall not 34 exceed the present value of the aggregate debt service of the bonds to 35 be refunded or repaid. The method for calculating present value shall be 36 determined by law. 37 § 4. Use of moneys received. The moneys received by the state from the 38 sale of bonds sold pursuant to this act shall be expended pursuant to 39 appropriations for capital projects related to design, planning, site 40 acquisition, demolition, construction, reconstruction, and rehabili- 41 tation projects specified in section two of this act. 42 § 2. This act shall take effect immediately, provided that the 43 provisions of section one of this act shall not take effect unless and 44 until this act shall have been submitted to the people at the general 45 election to be held in November 2021 and shall have been approved by a 46 majority of all votes cast for and against it at such election. Upon 47 approval by the people, section one of this act shall take effect imme- 48 diately. The ballots to be furnished for the use of voters upon 49 submission of this act shall be in the form prescribed by the election 50 law and the proposition or question to be submitted shall be printed 51 thereon in the following form, namely "To address and combat the impact 52 of climate change and damage to the environment, the Clean Air and Clean 53 Water Environmental Bond Act of 2021 authorizes the sale of state bonds 54 up to three billion dollars to fund environmental protection, natural 55 restoration, resiliency, and clean energy projects. Shall the Clean Air 56 and Clean Water Environmental Bond Act of 2021 be approved?"A. 6566 3 1 PART B 2 Section 1. The environmental conservation law is amended by adding a 3 new article 58 to read as follows: 4 ARTICLE 58 5 IMPLEMENTATION OF THE CLEAN AIR AND CLEAN WATER 6 ENVIRONMENTAL BOND ACT OF 2021 7 Title 1. General Provisions. 8 3. Restoration and flood risk reduction. 9 5. Open space land conservation and recreation. 10 7. Climate change mitigation. 11 9. Water quality improvement and resilient infrastructure. 12 11. Environmental justice and reporting. 13 TITLE 1 14 GENERAL PROVISIONS 15 Section 58-0101. Definitions. 16 58-0103. Allocation of moneys. 17 58-0105. Powers and duties. 18 58-0107. Powers and duties of a municipality. 19 58-0109. Consistency with federal tax laws. 20 58-0111. Compliance with other law. 21 § 58-0101. Definitions. 22 As used in this article the following terms shall mean and include: 23 1. "Bonds" shall mean general obligation bonds issued pursuant to the 24 clean air and clean water environmental bond act of 2021 in accordance 25 with article VII of the New York state constitution and article five of 26 the state finance law. 27 2. "Cost" means the expense of an approved project, which shall 28 include but not be limited to appraisal, surveying, planning, engineer- 29 ing and architectural services, plans and specifications, consultant and 30 legal services, site preparation, demolition, construction and other 31 direct expenses incident to such project. 32 3. "Department" shall mean the department of environmental conserva- 33 tion. 34 4. "Endangered or threatened species project" means a project to 35 restore, recover, or reintroduce an endangered, threatened, or species 36 of special concern pursuant to a recovery plan or restoration plan 37 prepared and adopted by the department, including but not limited to the 38 state's wildlife action plan. 39 5. "Environmental justice community" means a minority or low-income 40 community that may bear a disproportionate share of the negative envi- 41 ronmental consequences resulting from industrial, municipal, and commer- 42 cial operations or the execution of federal, state, local, and tribal 43 programs and policies. 44 6. "Flood risk reduction project" means projects that use nature-based 45 solutions where possible to reduce erosion or flooding, and projects 46 which mitigate or adapt to flood conditions. 47 7. "Green buildings project" means (i) installing, upgrading, or modi- 48 fying a renewable energy source at a state-owned building or for the 49 purpose of converting or connecting a state-owned building, or portion 50 thereof, to a renewable energy source; (ii) reducing energy use or 51 improving energy efficiency or occupant health at a state-owned build- 52 ing; (iii) installing a green roof at a state-owned building; and (iv) 53 emission reduction projects.A. 6566 4 1 8. "Municipality" means a local public authority or public benefit 2 corporation, a county, city, town, village, school district, supervisory 3 district, district corporation, improvement district within a county, 4 city, town or village, or Indian nation or tribe recognized by the state 5 or the United States with a reservation wholly or partly within the 6 boundaries of New York state, or any combination thereof. 7 9. "Nature-based solution" means projects that are supported or 8 inspired by nature or natural processes and functions and that may also 9 offer environmental, economic, and social benefits, while increasing 10 resilience. Nature-based solutions include both green and natural 11 infrastructure. 12 10. "Open space land conservation project" means purchase of fee title 13 or conservation easements for the purpose of protecting lands or waters 14 and/or providing recreational opportunities for the public that (i) 15 possess ecological, habitat, recreational or scenic values; (ii) protect 16 the quality of a drinking water supply; (iii) provide flood control or 17 flood mitigation values; (iv) constitute a floodplain; (v) provide or 18 have the potential to provide important habitat connectivity; (vi) 19 provide open space for the use and enjoyment of the public; or (vii) 20 provide community gardens in urban areas. 21 11. "Recreational infrastructure project" means the development or 22 improvement of state and municipal parks, campgrounds, nature centers, 23 fish hatcheries, and infrastructure associated with open space land 24 conservation projects. 25 12. "State assistance payment" means payment of the state share of the 26 cost of projects authorized by this article to preserve, enhance, 27 restore and improve the quality of the state's environment. 28 13. "State entity" means any state department, division, agency, 29 office, public authority, or public benefit corporation. 30 14. "Water quality improvement project" for the purposes of this 31 title, means projects designed to improve the quality of drinking and 32 surface waters. 33 15. "Wetland and stream restoration project" means activities designed 34 to restore freshwater and tidal wetlands, and streams of the state, for 35 the purpose of enhancing habitat, increasing connectivity, improving 36 water quality, and flood risk reduction. 37 § 58-0103. Allocation of moneys. 38 The moneys received by the state from the sale of bonds pursuant to 39 the clean air and clean water environmental bond act of 2021 shall be 40 disbursed in the following amounts pursuant to appropriations as specif- 41 ically provided for in titles three, five, seven, and nine of this arti- 42 cle: 43 1. Not less than one billion dollars ($1,000,000,000) for restoration 44 and flood risk reduction as set forth in title three of this article. 45 2. Up to five hundred fifty million dollars ($550,000,000) for open 46 space land conservation and recreation as set forth in title five of 47 this article. 48 3. Up to seven hundred million dollars ($700,000,000) for climate 49 change mitigation as set forth in title seven of this article. 50 4. Not less than five hundred fifty million dollars ($550,000,000) for 51 water quality improvement and resilient infrastructure as set forth in 52 title nine of this article. 53 § 58-0105. Powers and duties. 54 In implementing the provisions of this article the department is here- 55 by authorized to:A. 6566 5 1 1. Administer funds generated pursuant to the clean air and clean 2 water environmental bond act of 2021. 3 2. In the name of the state, as further provided within this article, 4 contract to make, within the limitations of appropriations available 5 therefor, state assistance payments toward the cost of a project 6 approved, and to be undertaken pursuant to this article. 7 3. Approve vouchers for the payments pursuant to an approved contract. 8 4. Enter into contracts with any person, firm, corporation, not-for- 9 profit corporation, agency or other entity, private or governmental, for 10 the purpose of effectuating the provisions of this article. 11 5. Promulgate such rules and regulations and to develop such forms and 12 procedures necessary to effectuate the provisions of this article, 13 including but not limited to requirements for the form, content, and 14 submission of applications by municipalities for state financial assist- 15 ance. 16 6. Delegate to, or cooperate with, any other state entity in the 17 administration of this article. 18 7. Perform such other and further acts as may be necessary, proper or 19 desirable to carry out the provisions of this article. 20 § 58-0107. Powers and duties of a municipality. 21 A municipality shall have the power and authority to: 22 1. Undertake and carry out any project for which state assistance 23 payments pursuant to contract are received or are to be received pursu- 24 ant to this article and maintain and operate such project. 25 2. Expend money received from the state pursuant to this article for 26 costs incurred in conjunction with the approved project. 27 3. Apply for and receive moneys from the state for the purpose of 28 accomplishing projects undertaken or to be undertaken pursuant to this 29 article. 30 4. Perform such other and further acts as may be necessary, proper or 31 desirable to carry out a project or obligation, duty or function related 32 thereto. 33 § 58-0109. Consistency with federal tax law. 34 All actions undertaken pursuant to this article shall be reviewed for 35 consistency with provisions of the federal internal revenue code and 36 regulations thereunder, in accordance with procedures established in 37 connection with the issuance of any tax exempt bonds pursuant to this 38 article, to preserve the tax exempt status of such bonds. 39 § 58-0111. Compliance with other law. 40 Every recipient of funds to be made available pursuant to this article 41 shall comply with all applicable state, federal and local laws. 42 TITLE 3 43 RESTORATION AND FLOOD RISK REDUCTION 44 Section 58-0301. Allocation of moneys. 45 58-0303. Programs, plans and projects. 46 § 58-0301. Allocation of moneys. 47 Of the moneys received by the state from the sale of bonds pursuant to 48 the clean air and clean water environmental bond act of 2021, not less 49 than one billion dollars ($1,000,000,000) shall be available for 50 disbursements for restoration and flood risk reduction projects devel- 51 oped pursuant to section 58-0303 of this title. Not more than two 52 hundred fifty million dollars ($250,000,000) of this amount shall be 53 available for projects pursuant to subdivision two of section 58-0303 of 54 this title and not less than one hundred million dollars ($100,000,000) 55 each shall be available for coastal rehabilitation and shoreline resto-A. 6566 6 1 ration projects and projects which address inland flooding, pursuant to 2 paragraph a of subdivision one of section 58-0303 of this title. 3 § 58-0303. Programs, plans and projects. 4 1. Eligible restoration and flood risk reduction projects include, but 5 are not limited to costs associated with: 6 a. (1) projects identified in state and regional management and resto- 7 ration programs and plans including but not limited to the Great Lakes 8 Action Agenda, Mohawk River Basin Action Agenda, Ocean Action Plan, 9 Hudson River Estuary Action Agenda, Long Island Sound Comprehensive 10 Conservation and Management Plan, South Shore Estuary Reserve Comprehen- 11 sive Management Plan, Peconic Estuary Comprehensive Conservation and 12 Management Plan, Delaware Action Plan, Susquehanna Action Plan, forest 13 management framework for New York City and New York/New Jersey Harbor 14 Estuary Plan; 15 (2) local waterfront revitalization plans prepared pursuant to article 16 forty-two of the executive law; and 17 (3) coastal rehabilitation and shoreline restoration projects, includ- 18 ing nature-based solutions; 19 b. flood risk reduction projects including but not limited to: acqui- 20 sition of real property; moving, lifting or raising of existing flood- 21 prone infrastructure or structures; relocation, repair, or raising of 22 flood-prone or repeatedly flooded roadways; and projects to remove, 23 alter, or right-size dams, bridges, and culverts, but shall not include 24 routine construction or maintenance undertaken by the state and munici- 25 palities which does not provide flood risk reduction benefits; and 26 c. restoration projects including but not limited to: floodplain, 27 wetland and stream restoration projects; forest conservation; endangered 28 and threatened species projects; and habitat restoration projects, 29 including acquisition of fee title and easements, intended to improve 30 the lands and waters of the state of ecological significance or any part 31 thereof, including, but not limited to forests, ponds, bogs, wetlands, 32 bays, sounds, streams, rivers, or lakes and shorelines thereof, to 33 support a spawning, nursery, wintering, migratory, nesting, breeding, 34 feeding, or foraging environment for fish and wildlife and other biota. 35 2. The commissioner and the commissioner of the division of housing 36 and community renewal are authorized pursuant to paragraph b of subdivi- 37 sion one of this section to purchase private real property identified as 38 at-risk to flooding, from willing sellers. The commissioner of the divi- 39 sion of housing and community renewal shall be authorized to transfer to 40 any state agency or public authority any real property in order to carry 41 out the purposes of this article. In connection therewith, the housing 42 trust fund corporation shall be authorized to create a subsidiary corpo- 43 ration to carry out the program authorized under this subdivision. Such 44 subsidiary corporation shall have all the privileges, immunities, tax 45 exemption and other exemptions of the agency to the extent the same are 46 not inconsistent with this section. 47 a. The commissioner and the commissioner of the division of housing 48 and community renewal or any other department or state agency that has 49 received funds suballocated pursuant to this section may enter into 50 agreements with municipalities, and not-for-profit corporations for the 51 purpose of implementing a program pursuant to this section. 52 b. The department and the division of housing and community renewal 53 shall prioritize projects in communities based on past flood risk or 54 those that participate in the federal emergency management agency's 55 (FEMA) community rating system.A. 6566 7 1 c. Any state agency or authority, municipality, or not-for-profit 2 corporation purchasing private real property may expend costs associated 3 with: 4 (1) the acquisition of real property, based upon the pre-flood fair 5 market value of the subject property; 6 (2) the demolition and removal of structures and/or infrastructure on 7 the property; and 8 (3) the restoration of natural resources to facilitate beneficial open 9 space, flood mitigation, and/or shoreline stabilization. 10 d. Notwithstanding any provision of law to the contrary, any structure 11 which is located on real property purchased pursuant to this program 12 shall be demolished or removed, provided that it does not serve a use or 13 purpose consistent with paragraph f of this subdivision. 14 e. Notwithstanding any provision of law to the contrary, real property 15 purchased with funding pursuant to this program shall be property of the 16 state, municipality, or a not-for-profit corporation. 17 f. Notwithstanding any provision of law to the contrary, real property 18 purchased with funding pursuant to this program shall be restored and 19 maintained in perpetuity in a manner that, aims to increase ecosystem 20 function, provide additional flood damage mitigation for surrounding 21 properties, protect wildlife habitat, and wherever practicable and safe, 22 allow for passive and/or recreational community use. Municipal flood 23 mitigation plans, resilience, waterfront revitalization plans or hazard 24 mitigation plans, when applicable, shall be consulted to identify the 25 appropriate restoration and end-use of the property. 26 g. All or a portion of the appropriation in this section may be 27 provided to the department or the division of housing and community 28 renewal or suballocated to any other department, state agency or state 29 authority. 30 h. Private real property identified as at-risk to flooding should 31 generally be limited to those: (1) identified as being within the one 32 hundred-year floodplain on the most recent FEMA flood insurance maps; 33 (2) flooded structures that would qualify for buyout under criteria 34 generally applicable to FEMA post-emergency acquisitions; (3) structures 35 identified in a state, federal, local or regional technical study as 36 suitable for the location of a flood risk management or abatement 37 project in areas immediately proximate to inland or coastal waterways; 38 or (4) structures located in coastal or riparian areas that have been 39 determined by a state, federal, local or regional technical study to 40 significantly exacerbate flooding in other locations. 41 3. The department, the office of parks, recreation, and historic pres- 42 ervation and the department of state are authorized to provide state 43 assistance payments or grants to municipalities and not-for-profit 44 corporations and undertake projects pursuant to paragraph a of subdivi- 45 sion one of this section. 46 4. The department and the office of parks, recreation, and historic 47 preservation are authorized to provide state assistance payments or 48 grants to municipalities and not-for-profit corporations and undertake 49 projects pursuant to paragraph b of subdivision one of this section. 50 Culvert and bridge projects shall be in compliance with the department's 51 stream crossing guidelines and best management practices, and engineered 52 for structural integrity and appropriate hydraulic capacity including, 53 where available, projects flows based on flood modeling that incorpo- 54 rates climate change projections and shall not include routine 55 construction or maintenance undertaken by the state or municipalities.A. 6566 8 1 5. The department and the office of parks, recreation, and historic 2 preservation are authorized to provide state assistance payments or 3 grants to municipalities and not-for-profit corporations and undertake 4 projects pursuant to paragraph c of subdivision one of this section. 5 6. Provided that for the purposes of selecting projects for funding 6 under paragraphs b and c of subdivision one of this section, the rele- 7 vant agencies shall develop eligibility guidelines and post information 8 on the department's website in the environmental notice bulletin provid- 9 ing for a thirty-day public comment period and upon adoption post such 10 eligibility guidelines on the relevant agency's website. 11 TITLE 5 12 OPEN SPACE LAND CONSERVATION AND RECREATION 13 Section 58-0501. Allocation of moneys. 14 58-0503. Programs, plans and projects. 15 § 58-0501. Allocation of moneys. 16 Of the moneys received by the state from the sale of bonds pursuant to 17 the clean air and clean water environmental bond act of 2021 to be used 18 for open space land conservation and recreation projects, up to five 19 hundred fifty million dollars ($550,000,000) shall be available for 20 programs, plans, and projects developed pursuant to section 58-0503 of 21 this title, however, not more than seventy-five million dollars 22 ($75,000,000) shall be made available for the creation of a fish hatch- 23 ery, or the improvement, expansion, repair or maintenance of existing 24 fish hatcheries, not less than two hundred million dollars 25 ($200,000,000) shall be made available for open space land conservation 26 projects pursuant to paragraph a of subdivision one of section 58-0503 27 of this title and not less than one hundred million dollars 28 ($100,000,000) shall be made available for farmland protection pursuant 29 to paragraph b of subdivision one of section 58-0503 of this title. 30 § 58-0503. Programs, plans and projects. 31 1. Eligible open space working lands conservation and recreation 32 projects include, but are not limited to: 33 a. costs associated with open space land conservation projects; 34 b. costs associated with purchasing conservation easements to protect 35 farmland pursuant to article twenty-five-aaa of the agriculture and 36 markets law; and 37 c. costs associated with recreational infrastructure projects. 38 2. The department or the office of parks, recreation and historic 39 preservation are authorized to undertake open space land conservation 40 projects, in cooperation with willing sellers pursuant to subdivision 41 one of this section and may enter into an agreement for purchase of real 42 property or conservation easements on real property by a municipality or 43 a not-for-profit corporation. Any such agreement shall contain such 44 provisions as shall be necessary to ensure that the purchase is consist- 45 ent with, and in furtherance of, this title and shall be subject to the 46 approval of the comptroller and, as to form, the attorney general. In 47 undertaking such projects, such commissioners shall consider the state 48 land acquisition plan prepared pursuant to section 49-0207 of this chap- 49 ter. Further, the department or the office of parks, recreation and 50 historic preservation are authorized to provide state assistance 51 payments to municipalities for eligible projects consistent with para- 52 graphs a and c of subdivision one of this section. 53 3. The cost of an open space land conservation project shall include 54 the cost of preparing a management plan for the preservation and benefi- 55 cial public enjoyment of the land acquired pursuant to this sectionA. 6566 9 1 except where such a management plan already exists for the acquired 2 land. 3 4. The department and the department of agriculture and markets are 4 authorized to provide, pursuant to paragraph b of subdivision one of 5 this section, farmland preservation implementation grants to county 6 agricultural and farmland protection boards pursuant to article twenty- 7 five-aaa of the agriculture and markets law, or to municipalities, soil 8 and water conservation districts or not-for-profit corporations for 9 implementation of projects. 10 5. The department is authorized to expend moneys to purchase equip- 11 ment, devices, and other necessary materials and to acquire fee title or 12 conservation easements in lands for monitoring, restoration, recovery, 13 or reintroduction projects for species listed as endangered or threat- 14 ened or listed as a species of special concern pursuant to section 15 11-0535 of this chapter. 16 6. The department or the office of parks, recreation and historic 17 preservation are authorized to expend moneys for the planning, design, 18 and construction of projects to develop and improve parks, campgrounds, 19 nature centers, fish hatcheries, and other recreational facilities. 20 7. The commissioner and a not-for-profit corporation may enter into a 21 contract for the undertaking by the not-for-profit corporation of an 22 open space land acquisition project. 23 8. Real property acquired, developed, improved, restored or rehabili- 24 tated by or through a municipality pursuant to paragraph a of subdivi- 25 sion one of this section or undertaken by or on behalf of a municipality 26 with funds made available pursuant to this title shall not be sold, 27 leased, exchanged, donated or otherwise disposed of or used for other 28 than public park purposes without the express authority of an act of the 29 legislature, which shall provide for the substitution of other lands of 30 equal environmental value and fair market value and reasonably equiv- 31 alent usefulness and location to those to be discontinued, sold or 32 disposed of, and such other requirements as shall be approved by the 33 commissioner. 34 9. Provided that for the purposes of selecting projects for funding 35 under paragraphs a and b of subdivision one of this section, the rele- 36 vant agencies shall develop eligibility guidelines and post information 37 on the department's website in the environmental notice bulletin provid- 38 ing for a thirty day public comment period and upon adoption post such 39 eligibility guidelines on the relevant agency's website. 40 TITLE 7 41 CLIMATE CHANGE MITIGATION 42 Section 58-0701. Allocation of moneys. 43 58-0703. Programs, plans and projects. 44 § 58-0701. Allocation of moneys. 45 Of the moneys received by the state from the sale of bonds pursuant to 46 the clean air and clean water environmental bond act of 2021, up to 47 seven hundred million dollars ($700,000,000) shall be made available for 48 disbursements for climate change mitigation projects developed pursuant 49 to section 58-0703 of this title. Not less than three hundred fifty 50 million dollars ($350,000,000) of this amount shall be available for 51 green buildings projects. 52 § 58-0703. Programs, plans and projects. 53 1. Eligible climate change mitigation projects include, but are not 54 limited to: 55 a. costs associated with green building projects, projects that 56 increase energy efficiency or the use or siting of renewable energy onA. 6566 10 1 state-owned buildings or properties including buildings owned by the 2 state university of the state of New York, city university of the state 3 of New York, and community colleges; 4 b. costs associated with projects that utilize natural and working 5 lands to sequester carbon and mitigate methane emissions from agricul- 6 tural sources, such as manure storage through cover and methane 7 reduction technologies; 8 c. costs associated with implementing climate adaptation and miti- 9 gation projects pursuant to section 54-1523 of this chapter; 10 d. costs associated with urban forestry projects such as forest and 11 habitat restoration, for purchase and planting of street trees and for 12 projects to expand the existing tree canopy and bolster community 13 health; 14 e. costs associated with projects that reduce urban heat island 15 effect, such as installation of green roofs, open space protection, 16 community gardens, cool pavement projects, projects that create or 17 upgrade community cooling centers, and the installation of reflective 18 roofs where installation of green roofs is not possible; 19 f. costs associated with projects for the installation of publicly 20 available fast charging electric vehicle charging stations and the elec- 21 trification of municipal and state fleet vehicles; 22 g. costs associated with projects to reduce or eliminate air 23 pollution from stationary or mobile sources of air pollution affecting 24 an environmental justice community, including, but not limited to, air 25 monitoring equipment; and 26 h. costs associated with projects which would reduce or eliminate 27 water pollution, whether from point or non-point discharges, affecting 28 an environmental justice community. 29 2. The department, the department of agriculture and markets, the 30 office of parks, recreation and historic preservation, the New York 31 state energy research and development authority and the office of gener- 32 al services are authorized to provide state assistance payments or 33 grants to municipalities and not-for-profit corporations or undertake 34 projects pursuant to this section. 35 3. Provided that for the purposes of selecting projects for funding 36 under this section, the relevant agencies shall develop eligibility 37 guidelines and post information on the department's website in the envi- 38 ronmental notice bulletin providing for a thirty-day public comment 39 period and upon adoption post such eligibility guidelines on the rele- 40 vant agency's website. 41 TITLE 9 42 WATER QUALITY IMPROVEMENT AND RESILIENT INFRASTRUCTURE 43 Section 58-0901. Allocation of moneys. 44 58-0903. Programs, plans and projects. 45 § 58-0901. Allocation of moneys. 46 Of the moneys received by the state from the sale of bonds pursuant to 47 the clean air and clean water environmental bond act of 2021 for 48 disbursements for state assistance for water quality improvement 49 projects as defined by title one of this article, not less than five 50 hundred fifty million dollars ($550,000,000) shall be available for 51 water quality improvement projects developed pursuant to section 58-0903 52 of this title. Not less than two hundred million dollars ($200,000,000) 53 of this amount shall be available for wastewater infrastructure projects 54 undertaken pursuant to the New York state water infrastructure improve- 55 ment act of 2017 pursuant to paragraph e of subdivision one of section 56 58-0903 of this title, and not less than one hundred million dollarsA. 6566 11 1 ($100,000,000) shall be available for municipal stormwater projects 2 pursuant to paragraph a of subdivision one of section 58-0903 of this 3 title. 4 § 58-0903. Programs, plans and projects. 5 1. Eligible water quality improvement project costs include, but are 6 not limited to: 7 a. costs associated with grants to municipalities for projects that 8 reduce or control storm water runoff, using green infrastructure where 9 practicable; 10 b. costs associated with projects that reduce agricultural nutrient 11 runoff and promote soil health such as projects which implement compre- 12 hensive nutrient management plans, other agricultural nutrient manage- 13 ment projects, and non-point source abatement and control programs 14 including projects developed pursuant to sections eleven-a and eleven-b 15 of the soil and water conservation districts; 16 c. costs associated with projects that address harmful algal blooms 17 such as abatement projects and projects focused on addressing nutrient 18 reduction in freshwater and marine waters, wastewater infrastructure 19 systems that treat nitrogen and phosphorus, and lake treatment systems; 20 d. costs associated with wastewater infrastructure projects including 21 but not limited to extending or establishing sewer lines to replace 22 failing septic systems or cesspools and projects as provided by section 23 twelve hundred eighty-five-u of the public authorities law; 24 e. costs associated with projects to reduce, avoid or eliminate point 25 and non-point source discharges to water including projects authorized 26 by the New York state water improvement infrastructure act of 2017 and 27 section twelve hundred eighty-five-s of the public authorities law; 28 f. costs associated with the establishment of riparian buffers to 29 provide distance between farm fields and streams or abate erosion during 30 high flow events; and 31 g. costs associated with lead service line replacement pursuant to 32 section eleven hundred fourteen of the public health law. 33 2. The department and the New York state environmental facilities 34 corporation are authorized to provide state assistance payments or 35 grants to municipalities for projects authorized pursuant to paragraphs 36 a, b, and d of subdivision one of this section. 37 3. The department of agriculture and markets shall be authorized to 38 make state assistance payments to soil and water conservation districts 39 for the cost of implementing agricultural environmental management 40 plans, including purchase of equipment for measuring and monitoring soil 41 health and soil conditions. 42 4. The department is authorized to make grants available to not-for- 43 profits and academic institutions for paragraphs b, c, and f of subdivi- 44 sion one of this section, and make state assistance payments to munici- 45 palities and undertake projects pursuant to this section. 46 5. Provided that for the purposes of selecting projects for funding of 47 this section, the relevant agencies shall develop eligibility guidelines 48 and post information on the department's website in the environmental 49 notice bulletin providing for a thirty-day public comment period and 50 upon adoption post such eligibility guidelines on the relevant agency's 51 website. 52 TITLE 11 53 ENVIRONMENTAL JUSTICE AND REPORTING 54 Section 58-1101. Benefits of funds. 55 58-1103. Reporting. 56 § 58-1101. Benefits of funds.A. 6566 12 1 The department shall make every effort practicable to ensure that no 2 less than thirty-five percent of the funds pursuant to this article 3 benefit environmental justice communities. 4 § 58-1103. Reporting. 5 1. No later than sixty days following the end of each fiscal year, 6 each department, agency, public benefit corporation, and public authori- 7 ty receiving an allocation or allocations of appropriation financed from 8 the clean air and clean water environmental bond act of 2021 shall 9 submit to the commissioner in a manner and form prescribed by the 10 department, the following information as of March thirty-first of such 11 fiscal year, within each category listed in this title: the total 12 appropriation; total commitments; year-to-date disbursements; remaining 13 uncommitted balances; and a description of each project. 14 2. No later than one hundred twenty days following the end of each 15 fiscal year, the department shall submit to the governor, the temporary 16 president of the senate, and the speaker of the assembly a report that 17 includes the information received. A copy of the report shall be posted 18 on the department's website. 19 § 2. The state finance law is amended by adding a new section 97-tttt 20 to read as follows: 21 § 97-tttt. Clean air and clean water bond fund. 1. There is hereby 22 established in the joint custody of the state comptroller and the 23 commissioner of taxation and finance a special fund to be known as the 24 "clean air and clean water bond fund". 25 2. The state comptroller shall deposit into the clean air and clean 26 water bond fund all moneys received by the state from the sale of bonds 27 and/or notes for uses eligible pursuant to section four of the clean air 28 and clean water environmental bond act of 2021. 29 3. Moneys in the clean air and clean water bond fund, following appro- 30 priation by the legislature and allocation by the director of the budg- 31 et, shall be available only for reimbursement of expenditures made from 32 appropriations from the capital projects fund for the purpose of the 33 clean air and clean water bond fund, as set forth in the clean air and 34 clean water environmental bond act of 2021. 35 4. No moneys received by the state from the sale of bonds and/or notes 36 sold pursuant to the clean air and clean water environmental bond act of 37 2021 shall be expended for any project until funds therefor have been 38 allocated pursuant to the provisions of this section and copies of the 39 appropriate certificates of approval filed with the chair of the senate 40 finance committee, the chair of the assembly ways and means committee 41 and the state comptroller. 42 § 3. Section 61 of the state finance law is amended by adding a new 43 subdivision 32 to read as follows: 44 32. Thirty years. For the payment of "clean air and clean water" 45 projects, as defined in article fifty-eight of the environmental conser- 46 vation law and undertaken pursuant to a chapter of the laws of two thou- 47 sand twenty-one, enacting and constituting the clean air and clean water 48 environmental bond act of 2021. Thirty years for flood control infras- 49 tructure, other environmental infrastructure, wetland and other habitat 50 restoration, water quality projects, acquisition of land, including 51 acquisition of real property, and renewable energy projects. Notwith- 52 standing the foregoing, for the purposes of calculating annual debt 53 service, the state comptroller shall apply a weighted average period of 54 probable life of clean air and clean water projects, including any other 55 works or purposes to be financed with state debt. Weighted average peri- 56 od of probable life shall be determined by computing the sum of theA. 6566 13 1 products derived from multiplying the dollar value of the portion of the 2 debt contracted for each work or purpose (or class of works or purposes) 3 by the probable life of such work or purpose (or class of works or 4 purposes) and dividing the resulting sum by the dollar value of the 5 entire debt after taking into consideration any original issue premium 6 or discount. 7 § 4. If any clause, sentence, paragraph, section or part of this act 8 shall be adjudged by any court of competent jurisdiction to be invalid, 9 such judgment shall not affect, impair or invalidate the remainder ther- 10 eof, but shall be confined in its operation to the clause, sentence, 11 paragraph, section or part thereof directly involved in the controversy 12 in which such judgment shall have been rendered. 13 § 5. This act shall take effect only in the event that section 1 of 14 part A of this act enacting the clean air and clean water environmental 15 bond act of 2021 is submitted to the people at the general election to 16 be held in November 2021 and is approved by a majority of all votes cast 17 for and against it at such election. Upon such approval, this act shall 18 take effect immediately; provided that the commissioner of environmental 19 conservation shall notify the legislative bill drafting commission upon 20 the occurrence of the enactment of section 1 of part A of this act 21 enacting the clean air and clean water environmental bond act of 2021, 22 in order that the commission may maintain an accurate and timely effec- 23 tive data base of the official text of the laws of the state of New York 24 in furtherance of effectuating the provisions of section 44 of the 25 legislative law and section 70-b of the public officers law. 26 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 27 sion, section or part of this act shall be adjudged by a court of compe- 28 tent jurisdiction to be invalid, such judgment shall not affect, impair, 29 or invalidate the remainder thereof, but shall be confined in its opera- 30 tion to the clause, sentence, paragraph, subdivision, section or part 31 thereof directly involved in the controversy in which such judgment 32 shall have been rendered. It is hereby declared to be the intent of the 33 legislature that this act would have been enacted even if such invalid 34 provisions had not been included herein. 35 § 3. This act shall take effect immediately, provided, however, that 36 the applicable effective date of Parts A through B of this act shall be 37 as specifically set forth in the last section of such Parts.
