Bill Text: NY S08179 | 2021-2022 | General Assembly | Introduced


Bill Title: Establishes the natural carbon sequestration research program to develop innovative science-based solutions to facilitate sequestration of carbon in New York's natural and working lands; provides funding for such program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2022-01-31 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S08179 Detail]

Download: New_York-2021-S08179-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8179

                    IN SENATE

                                    January 31, 2022
                                       ___________

        Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on  Energy  and  Telecommuni-
          cations

        AN  ACT to amend the public authorities law, in relation to establishing
          the natural carbon sequestration research program; and to amend part W
          of chapter 58 of the laws of 2021 authorizing the energy research  and
          development  authority  to finance a portion of its research, develop-
          ment and demonstration, policy and planning, and Fuel NY  program,  as
          well  as climate change related expenses of the department of environ-
          mental conservation and the department  of  agriculture  and  markets'
          Fuel  NY program, from an assessment on gas and electric corporations,
          in relation to funding for the natural carbon  sequestration  research
          program

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The public authorities law  is  amended  by  adding  a  new
     2  section 1884 to read as follows:
     3    §  1884.  Natural  carbon  sequestration research program. 1. There is
     4  hereby established the natural carbon  sequestration  research  program.
     5  The  purpose  of  the  program  is  to  develop innovative science-based
     6  solutions to facilitate sequestration of carbon in  New  York's  natural
     7  and  working lands in ways that decrease total greenhouse gas emissions.
     8  In developing the program, the New York state college of agriculture and
     9  life sciences as named pursuant to section fifty-seven hundred twelve of
    10  the education law shall conduct, support, and develop  technologies  and
    11  management strategies, along with verification systems to facilitate the
    12  natural drawdown of carbon from the atmosphere and storage underground.
    13    2.  The  program shall consider, but not be limited to, the following:
    14  stabilizing existing carbon in the soil, increasing carbon sequestration
    15  through new practices and cropping systems,  purposefully  amending  the
    16  soil  with  biochar  and  compost to boost total soil carbon and promote
    17  greenhouse gas life cycle benefits,  advancing  direct  air  capture  of
    18  carbon  dioxide  in farmland and landscapes through enhanced weathering,
    19  utilizing other innovative technologies, and the synergies between  such

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14342-02-2

        S. 8179                             2

     1  approaches,  including agroforestry and reforestation to store carbon in
     2  both trees and soil  while  producing  ancillary  benefits  for  working
     3  lands.  The research program shall also demonstrate successful technolo-
     4  gies in pilot locations throughout the state of New York and utilize the
     5  Cornell Cooperative Extension system for knowledge transfer.
     6    3.  The  program shall include, but not be limited to, research on the
     7  following topics, consistent with New York state's climate goals:
     8    (a)  methods  to  sequester  carbon  in  soils  through   nature-based
     9  solutions;
    10    (b)  improvement  or  enhancement  of photosynthesis in plant life and
    11  delivery to soil to facilitate carbon sequestration;
    12    (c) development and deployment of technologies to measure,  model  and
    13  verify carbon storage in natural and working lands;
    14    (d)  research  that facilitates productive agroforestry, afforestation
    15  and  reforestation,  including  research  that   facilitates   increased
    16  nature-based carbon storage in peatlands and wetlands; and
    17    (e)  research that quantifies total greenhouse gas benefits, including
    18  but not limited to nitrous oxide, methane and  carbon,  to  assure  that
    19  there are overall greenhouse gas emission benefits.
    20    § 2. Section 1 of part W of chapter 58 of the laws of 2021 authorizing
    21  the  energy  research  and development authority to finance a portion of
    22  its research, development and demonstration, policy  and  planning,  and
    23  Fuel  NY  program,  as  well  as  climate change related expenses of the
    24  department of environmental conservation and the department of  agricul-
    25  ture  and  markets' Fuel NY program, from an assessment on gas and elec-
    26  tric corporations is amended to read as follows:
    27    Section 1. Expenditures  of  moneys  by  the  New  York  state  energy
    28  research  and  development  authority  for  services and expenses of the
    29  energy  research,  development  and  demonstration  program,   including
    30  grants, the energy policy and planning program, the zero emissions vehi-
    31  cle  and  electric vehicle rebate program, and the Fuel NY program shall
    32  be subject to the provisions  of  this  section.    Notwithstanding  the
    33  provisions of subdivision 4-a of section 18-a of the public service law,
    34  all  moneys committed or expended in an amount not to exceed $22,700,000
    35  shall be reimbursed by assessment against gas corporations,  as  defined
    36  in  subdivision  11  of section 2 of the public service law and electric
    37  corporations as defined in subdivision 13 of section  2  of  the  public
    38  service  law, where such gas corporations and electric corporations have
    39  gross revenues from intrastate utility operations in excess of  $500,000
    40  in  the  preceding calendar year, and the total amount assessed shall be
    41  allocated to each electric corporation and gas corporation in proportion
    42  to its intrastate electricity and gas  revenues  in  the  calendar  year
    43  2019.  Such  amounts  shall  be  excluded  from  the  general assessment
    44  provisions of subdivision 2 of section 18-a of the public  service  law.
    45  The  chair  of  the public service commission shall bill such gas and/or
    46  electric corporations for such amounts on or before August 10, 2021  and
    47  such  amounts  shall  be  paid to the New York state energy research and
    48  development authority on or before September 10, 2021. Upon receipt, the
    49  New York state energy research and development authority  shall  deposit
    50  such  funds in the energy research and development operating fund estab-
    51  lished pursuant to section 1859 of the public authorities law.  The  New
    52  York  state  energy research and development authority is authorized and
    53  directed to: (1) transfer up to $4 million to the state general fund for
    54  climate change related services and expenses of the department of  envi-
    55  ronmental  conservation, $150,000 to the state general fund for services
    56  and expenses  of  the  department  of  agriculture  and  markets,  [and]

        S. 8179                             3

     1  $825,000 to the University of Rochester laboratory for laser energetics,
     2  and  $1,000,000  to  the  New York State College of Agriculture and Life
     3  Sciences' natural carbon sequestriation research program from the  funds
     4  received; and (2) commencing in 2016, provide to the chair of the public
     5  service  commission  and  the  director of the budget and the chairs and
     6  secretaries of the legislative fiscal committees, on  or  before  August
     7  first  of  each year, an itemized record, certified by the president and
     8  chief executive officer of  the  authority,  or  his  or  her  designee,
     9  detailing  any and all expenditures and commitments ascribable to moneys
    10  received as a result of this assessment by the chair of  the  department
    11  of  public  service  pursuant to section 18-a of the public service law.
    12  This itemized record shall include an itemized breakdown of the programs
    13  being funded by this section and the amount committed to  each  program.
    14  The  authority  shall not commit for any expenditure, any moneys derived
    15  from the assessment provided for in this section,  until  the  chair  of
    16  such  authority  shall  have  submitted,  and the director of the budget
    17  shall have approved, a comprehensive  financial  plan  encompassing  all
    18  moneys  available to and all anticipated commitments and expenditures by
    19  such authority from any source for the  operations  of  such  authority.
    20  Copies of the approved comprehensive financial plan shall be immediately
    21  submitted  by the chair to the chairs and secretaries of the legislative
    22  fiscal committees. Any such amount not committed by  such  authority  to
    23  contracts  or  contracts  to  be  awarded  or  otherwise expended by the
    24  authority during the fiscal year shall be refunded by such authority  on
    25  a  pro-rata  basis to such gas and/or electric corporations, in a manner
    26  to be determined by the department of public  service,  and  any  refund
    27  amounts  must  be  explicitly lined out in the itemized record described
    28  above.
    29    § 3. This act shall take effect immediately.
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