Bill Text: NY A09514 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-04-18 - print number 9514a [A09514 Detail]

Download: New_York-2021-A09514-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          9514

                   IN ASSEMBLY

                                     March 16, 2022
                                       ___________

        Introduced by M. of A. KELLES -- read once and referred to the Committee
          on Governmental Operations

        AN  ACT  to  amend  the  state  finance law and the state administrative
          procedure act, in relation to requiring  state  agencies  to  evaluate
          bids  and 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 finance law is amended by adding a new section
     2  139-m to read as follows:
     3    § 139-m. Obligation to comply with the New York state climate  leader-
     4  ship  and  community  protection  act goals. 1. Every state agency shall
     5  evaluate bids for compliance with the goals set forth in  the  New  York
     6  state climate leadership and community protection act.
     7    2. Each bidder shall submit with its bid information stating:
     8    (a)  how the project aligns with the New York state climate leadership
     9  and community protection act, including:
    10    (i) how the project aligns with the greenhouse gas emission limits set
    11  forth in section 75-0107 of the environmental conservation law;
    12    (ii) what are the estimated greenhouse gas  emissions  resulting  from
    13  the project;
    14    (iii) what energy source will be used;
    15    (iv) what are the short-term and long-term energy sources that will be
    16  used  for  the project and what are the anticipated short-term and long-
    17  term effects of using such energy sources;
    18    (b) how the project will impact the goals set forth in  the  New  York
    19  state  climate leadership and community protection act, including calcu-
    20  lations of energy usage, incorporating upstream impacts  from  point  of
    21  energy usage;
    22    (c) an assessment of impact on environmental justice pursuant to arti-
    23  cle forty-eight of the environmental conservation law; and
    24    (d)  the  number  of  jobs  estimated to be created as a result of the
    25  project, if any.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14564-01-2

        A. 9514                             2

     1    3. State agencies shall evaluate the information provided in  the  bid
     2  pursuant to subdivision two of this section to determine how closely the
     3  bid  aligns to the goals set forth in the New York state climate leader-
     4  ship and community protection act and shall take such  information  into
     5  account when making a final determination on the bid.
     6    §  2. Subdivision 2 of section 163 of the state finance law is amended
     7  by adding a new paragraph g to read as follows:
     8    g. To ensure compliance with the goals set forth in the New York state
     9  climate leadership and community protection act  by  requiring  bids  to
    10  include  information stating how the bid aligns with the act, including:
    11  how the bid aligns with the greenhouse gas emission limits set forth  in
    12  section  75-0107  of  the  environmental  conservation law; what are the
    13  estimated greenhouse gas emissions resulting from the bid;  what  energy
    14  source  will  be  used; and what are the short-term and long-term energy
    15  sources that will be used for the  bid  and  what  are  the  anticipated
    16  short-term  and  long-term effects of using such energy sources; how the
    17  bid will impact the goals set forth in the New York state climate  lead-
    18  ership  and  community  protection act, including calculations of energy
    19  usage, incorporating upstream impacts from point  of  energy  usage;  an
    20  assessment  of  impact  on  environmental  justice  pursuant  to article
    21  forty-eight of the environmental conservation law;  and  the  number  of
    22  jobs estimated to be created as a result of the project, if any.
    23    §  3.  Section 163 of the state finance law is amended by adding a new
    24  subdivision 16 to read as follows:
    25    16. Compliance with the New York state climate leadership and communi-
    26  ty protection act. It shall be the responsibility of the  head  of  each
    27  state agency to review and, as needed, revise the procurement process to
    28  ensure  that  state  agency  purchases are conducted in a manner that is
    29  consistent with the goals set forth in the New York state climate  lead-
    30  ership  and  community  protection  act. Such process shall require that
    31  each bidder include information stating:
    32    a. how the bid aligns with the New York state climate  leadership  and
    33  community protection act, including:
    34    (i)  how  the  bid  aligns with the greenhouse gas emission limits set
    35  forth in section 75-0107 of the environmental conservation law;
    36    (ii) what are the estimated greenhouse gas  emissions  resulting  from
    37  the bid;
    38    (iii) what energy source will be used;
    39    (iv) what are the short-term and long-term energy sources that will be
    40  used  for  the bid and what are the anticipated short-term and long-term
    41  effects of using such energy sources;
    42    b. how the bid will impact the goals set forth in the New  York  state
    43  climate  leadership and community protection act, including calculations
    44  of energy usage, incorporating upstream impacts  from  point  of  energy
    45  usage;
    46    c.  an assessment of impact on environmental justice pursuant to arti-
    47  cle forty-eight of the environmental conservation law; and
    48    d. the number of jobs estimated to be created as a result of the  bid,
    49  if any.
    50    § 4. The state administrative procedure act is amended by adding a new
    51  section 403 to read as follows:
    52    §  403.  Compliance  with  the  New  York state climate leadership and
    53  community protection act. 1. Notwithstanding any provision of law to the
    54  contrary, a state agency shall, by promulgation of regulations,  require
    55  an application for a license to include information regarding compliance
    56  with  the  goals  set forth in the New York state climate leadership and

        A. 9514                             3

     1  community protection act.  Such  information  shall  require  that  each
     2  applicant provide information stating:
     3    a.  how  the license aligns with the New York state climate leadership
     4  and community protection act, including:
     5    (i) how the license aligns with the greenhouse gas emission limits set
     6  forth in section 75-0107 of the environmental conservation law;
     7    (ii) what are the estimated greenhouse gas  emissions  resulting  from
     8  the license;
     9    (iii) what energy source will be used;
    10    (iv) what are the short-term and long-term energy sources that will be
    11  used  for  the license and what are the anticipated short-term and long-
    12  term effects of using such energy sources;
    13    b. how the license will impact the goals set forth  in  the  New  York
    14  state  climate leadership and community protection act, including calcu-
    15  lations of energy usage, incorporating upstream impacts  from  point  of
    16  energy usage;
    17    c.  an assessment of impact on environmental justice pursuant to arti-
    18  cle forty-eight of the environmental conservation law; and
    19    d. the number of jobs estimated to be  created  as  a  result  of  the
    20  license, if any.
    21    2.  This section shall apply to applications for the issuance, modifi-
    22  cation or renewal of any permit, license, certificate, approval,  regis-
    23  tration, charter, or similar form of permission or authority required by
    24  law,  or by state agency rules having the force and effect of law, which
    25  is required for a business  undertaking,  project  or  activity  for  an
    26  applicant,  but  shall  not  include  bonds  or  other forms of security
    27  required to be submitted by  applicants,  any  individual  licenses  for
    28  practicing  a profession prescribed in title eight of the education law,
    29  filings under the uniform  commercial  code,  or  routine  licenses  and
    30  permits  for  individual  privileges, including licenses for operating a
    31  motor vehicle.
    32    § 5. This act shall take effect immediately.
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