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S T A T E O F N E W Y O R K
________________________________________________________________________
824
2025-2026 Regular Sessions
I N S E N A T E
(PREFILED)
January 8, 2025
___________
Introduced by Sen. KRUEGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the environmental conservation law, in relation to the
climate change adaptation cost recovery program and requirements for
climate change adaptive infrastructure projects; to amend the labor
law, in relation to the use of funds from the climate change adapta-
tion fund for certain climate risk-related and energy transition
projects; to amend the tax law, in relation to the disclosure of
certain data from returns of petroleum or fossil fuel businesses to
the department of environmental conservation or the New York state
energy research and development authority; to amend the state finance
law, in relation to expenditure of funds from the climate change adap-
tation fund; to repeal section 76-0105 of the environmental conserva-
tion law, relating to labor and job standards and worker protection;
and to amend a chapter of the laws of 2024 amending the environmental
conservation law relating to establishing the climate change adapta-
tion cost recovery program, and amending the state finance law relat-
ing to establishing the climate change adaptation fund, as proposed in
legislative bills numbers S. 2129-B and A. 3351-B, in relation to
legislative findings and severability
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 1, 5, paragraph c of subdivision 6 and subdi-
visions 7 and 8 of section 2 of a chapter of the laws of 2024 amending
the environmental conservation law relating to establishing the climate
change adaptation cost recovery program; and amending the state finance
law relating to establishing the climate change adaptation fund, as
proposed in legislative bills numbers S. 2129-B and A. 3351-B, are
amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02898-01-5
S. 824 2
1. Climate change, resulting primarily from the combustion of fossil
fuels, is an immediate, grave threat to the state's communities, envi-
ronment, and economy. In addition to mitigating the further buildup of
greenhouse gases, the state must take action to adapt to certain conse-
quences of climate change that are irreversible, including rising sea
levels, increasing temperatures, extreme weather events, flooding, heat
waves, [toxic] HARMFUL algal blooms and other climate-change-driven
threats. Maintaining New York's quality of life into the future,
particularly for young people, who will experience greater impacts from
climate change over their lifetimes, will be one of the state's greatest
challenges over the next three decades. Meeting that challenge will
require a shared commitment of purpose, huge investments in new or
upgraded infrastructure, and new revenue sources to pay for those
investments.
5. The obligation to pay under the program is based on the fossil fuel
companies' historic contribution to the buildup of greenhouse gases that
is largely responsible for climate change. The program operates under a
standard of strict liability; companies are required to pay into the
fund BASED ON THE AMOUNT OF HISTORIC GREENHOUSE GAS EMISSIONS ATTRIBUT-
ABLE TO GREENHOUSE GAS-PRODUCING FOSSIL FUELS WHICH THEY ARE RESPONSIBLE
FOR EXTRACTING AND REFINING, because the use of [their] products DERIVED
FROM SUCH FOSSIL FUELS caused [the] SUCH pollution. No finding of wrong-
doing is required.
c. The total assessment [rate] of [$3] $75 billion dollars [per year]
represents a small percentage of the extraordinary cost to New York
State for repairing from and preparing for climate change-driven extreme
events over the next 25 years, and is designed to have a meaningful
impact on the burden borne by New York State taxpayers for climate adap-
tation while being sufficiently limited so as to not impose a punitive
negative impact on an industry in which just the three largest domestic
oil and gas producers made a combined $85.6 billion in profits in 2023.
Recent science has determined that the largest one hundred fossil fuel
producing companies are responsible for more than 70% of global green-
house gas emissions since 1988, and therefore bear a much higher share
of responsibility for climate damage to New York State than is repres-
ented by the $75 billion being assessed them.
7. A covered period of [2000-2018] 2000-2024 has been selected. Over
70 percent of the total increase in greenhouse gas concentrations since
the Industrial Revolution has occurred since 1950, with a marked
increase in the rate of emissions after the year 2000. By 2000 the
science of climate change was well established, and no reasonable corpo-
rate actor could have failed to anticipate regulatory action to address
its impacts. In addition, the data necessary to attribute proportional
responsibility is very robust in the covered period.
8. This act is not intended to intrude on the authority of the feder-
al government in areas where it has preempted the right of the states to
legislate. This [act] PROGRAM is remedial in nature, seeking compen-
sation for damages resulting from the past actions of polluters.
§ 2. Section 76-0105 of the environmental conservation law, as added
by a chapter of the laws of 2024 amending the environmental conservation
law relating to establishing the climate change adaptation cost recovery
program; and amending the state finance law relating to establishing the
climate change adaptation fund, as proposed in legislative bills numbers
S.2129-B and A. 3351-B, is REPEALED.
§ 3. Sections 76-0101 and 76-0103 of the environmental conservation
law, as added by a chapter of the laws of 2024 amending the environ-
S. 824 3
mental conservation law relating to establishing the climate change
adaptation cost recovery program; and amending the state finance law
relating to establishing the climate change adaptation fund, as proposed
in legislative bills numbers S. 2129-B and A. 3351-B, are amended and a
new section 76-0105 is added to read as follows:
§ 76-0101. Definitions.
For the purposes of this article the following terms shall have the
following meanings:
1. "AFFILIATE" MEANS, WITH RESPECT TO ANY SPECIFIED ENTITY, AN ENTITY
THAT DIRECTLY, OR INDIRECTLY THROUGH ONE OR MORE INTERMEDIARIES,
CONTROLS OR IS CONTROLLED BY, OR IS UNDER COMMON CONTROL WITH, THE ENTI-
TY SPECIFIED.
2. "Applicable payment date" means [September thirtieth] DECEMBER
THIRTY-FIRST of the [second] FOURTH calendar year following the year in
which this article is enacted into law.
[2.] 3. "Climate change adaptive infrastructure project" means an
infrastructure project FOR PURPOSES OF CLIMATE CHANGE ADAPTATION THAT:
A. INCLUDES BUT IS NOT LIMITED TO PROJECTS designed to avoid, moder-
ate, repair, or adapt to negative impacts caused by climate change, and
to assist communities, households, and businesses in preparing for
future climate change-driven disruptions. Such [projects] PROJECT TYPES
include but are not limited to restoring coastal wetlands and developing
other nature-based solutions and coastal protections; upgrading storm
water drainage systems; making defensive upgrades to roads, bridges,
subways, and transit systems; preparing for and recovering from hurri-
canes and other extreme weather events; undertaking preventive health
care programs and providing medical care to treat illness or injury
caused by the effects of climate change; relocating, elevating, or
retrofitting [sewage] WASTEWATER treatment plants vulnerable to flood-
ing; installing energy efficient cooling systems and other weatheriza-
tion and energy efficiency upgrades and retrofits in public and private
buildings, including schools and public housing; upgrading parts of the
electrical grid to increase stability and resilience, including support-
ing the creation of self-sufficient clean energy microgrids; addressing
urban heat island effects through green spaces, urban forestry, and
other interventions; and responding to [toxic algae] HARMFUL ALGAL
blooms, loss of agricultural topsoil, and other climate-driven ecosystem
threats to forests, farms, fisheries, and food systems; AND
B. IS GUIDED BY THE PROJECT CRITERIA IDENTIFIED IN THE STATEWIDE
CLIMATE CHANGE ADAPTATION AND RESILIENCE PLAN ADOPTED PURSUANT TO SUBDI-
VISION SIX OF SECTION 76-0103 OF THIS ARTICLE.
[3. "Coal" shall have the same definition as in section 1-103 of the
energy law.]
4. "CONTROL" (INCLUDING THE TERMS CONTROLLING, CONTROLLED BY AND
UNDER COMMON CONTROL WITH) MEANS THE POSSESSION, DIRECT OR INDIRECT, OF
THE POWER TO DIRECT OR CAUSE THE DIRECTION OF THE MANAGEMENT AND POLI-
CIES OF AN ENTITY, WHETHER THROUGH THE OWNERSHIP OF VOTING SECURITIES,
BY CONTRACT, OR OTHERWISE.
5. "Controlled group" means two or more entities [treated as a single
employer under section 52(a) or (b) or section 414(m) or (o) of the
Internal Revenue Code. In applying subsections (a) and (b) of section
52, section 1563 of the Internal Revenue Code shall be applied without
regard to subsection (b)(2)(C). For purposes of this article, entities
in a controlled group are treated as a single entity for purposes of
meeting the definition of responsible party and are jointly and
S. 824 4
severally liable for payment of any cost recovery demand owed by any
entity in the controlled group] THAT ARE AFFILIATES OF EACH OTHER.
[5.] 6. "COST RECOVERY AMOUNT" MEANS SEVENTY-FIVE BILLION DOLLARS.
7. "Cost recovery demand" means [a charge asserted against] THE
PORTION OF THE COST RECOVERY AMOUNT DETERMINED BY THE DEPARTMENT PURSU-
ANT TO THE PROGRAM TO BE OWED BY a responsible party [for cost recovery
payments under the program] for payment to the fund.
[6.] 8. "Covered greenhouse gas emissions" means, with respect to any
entity, the total quantity of greenhouse [gases released into the atmos-
phere during the covered period] GAS EMISSIONS, expressed in metric tons
of carbon dioxide equivalent, as defined in section 75-0101 of this
chapter, [including but not limited to releases of greenhouse gases
resulting from the extraction, storage, production, refinement, trans-
port, manufacture, distribution, sale, and use of fossil fuels or petro-
leum products extracted, produced, refined, or sold by such entity]
ATTRIBUTABLE TO THE TOTAL AMOUNT OF FOSSIL FUELS EXTRACTED BY THAT ENTI-
TY DURING THE COVERED PERIOD, AS WELL AS THE TOTAL AMOUNT OF CRUDE OIL
REFINED BY THAT ENTITY DURING THE COVERED PERIOD. FOR THE PURPOSES OF
THIS ARTICLE, COVERED GREENHOUSE GAS EMISSIONS INCLUDE THOSE EMISSIONS
ATTRIBUTABLE TO ALL FOSSIL FUEL EXTRACTION AND REFINING WORLDWIDE BY
SUCH ENTITY AND ARE NOT LIMITED TO SUCH EMISSIONS WITHIN THE STATE.
[7.] 9. "Covered period" means the period that began January first,
two thousand and ended on December thirty-first, two thousand [eighteen]
TWENTY-FOUR.
[8.] 10. "Crude oil" means oil or petroleum of any kind and in any
form, including bitumen, oil sands, heavy oil, conventional and uncon-
ventional oil, shale oil, natural gas liquids, condensates, and related
fossil fuels.
[9.] 11. "Entity" means any individual, trustee, agent, partnership,
association, corporation, company, municipality, political subdivision,
or other legal organization, [including a foreign nation,] that holds or
held an ownership interest in a fossil fuel business during the covered
period. FOR PURPOSES OF THIS ARTICLE, ENTITIES IN A CONTROLLED GROUP ARE
TREATED AS A SINGLE ENTITY FOR THE PURPOSES OF MEETING THE DEFINITION OF
RESPONSIBLE PARTY AND SHALL BE JOINTLY AND SEVERALLY LIABLE FOR PAYMENT
OF ANY COST RECOVERY DEMAND OWED BY ANY ENTITY IN THE CONTROLLED GROUP.
[10.] 12. "Fossil fuel" shall have the same definition as in section
1-103 of the energy law.
[11.] 13. "Fossil fuel business" means a business engaging in the
extraction of fossil fuels or the refining of petroleum products.
[12. "Fuel gases" shall have the same definition as in section 1-103
of the energy law.
13.] 14. "Fund" means the climate change adaptation fund established
pursuant to section ninety-seven-m of the state finance law.
[14.] 15. "Greenhouse gas" shall have the same definition as in
section 75-0101 of this chapter.
[15.] 16. "Nature-based solutions" shall mean projects that utilize or
mimic nature or natural processes and functions and that may also offer
environmental, economic, and social benefits, while increasing resili-
ence. Nature-based solutions include both green and natural infrastruc-
ture.
[16.] 17. "Notice of cost recovery demand" means the written communi-
cation informing AN ENTITY THAT THEY ARE a responsible party AND of the
amount of the cost recovery demand payable to the fund.
[17.] 18. "Petroleum products" shall have the same definition as in
section 1-103 of the energy law.
S. 824 5
[18.] 19. "Program" means the climate change adaptation cost recovery
program established under section 76-0103 of this article.
[19.] 20. "Qualifying expenditure" means [an authorized] A payment
from the fund in support of a climate change adaptive infrastructure
project, including its operation and maintenance, as defined by the
department.
[20.] 21. "Responsible party" means any entity (or a successor in
interest to such entity described herein), which, during any part of the
covered period, was engaged in the trade or business of extracting
fossil fuel or refining crude oil and is determined by the department to
be responsible for more than one billion tons of covered greenhouse gas
emissions. The term responsible party shall not include any person who
lacks sufficient [connection] CONTACTS with the state to satisfy the
[nexus requirements] DUE PROCESS CLAUSE of the United States Constitu-
tion.
§ 76-0103. The climate change adaptation cost recovery program.
1. There is hereby established a climate change adaptation cost recov-
ery program TO BE administered by the department.
2. The purposes of the program shall be the following:
a. To secure compensatory payments from responsible parties based on a
standard of strict liability to provide a source of revenue for climate
change adaptive infrastructure projects within the state. SUCH PAYMENTS
IN AGGREGATE SHALL TOTAL THE COST RECOVERY AMOUNT AND SHALL BE DUE AND
PAYABLE ON THE APPLICABLE PAYMENT DATE.
b. To determine proportional liability of responsible parties FOR THE
COST RECOVERY AMOUNT pursuant to subdivision three of this section;
c. To impose cost recovery demands on responsible parties and issue
notices of cost recovery [demands] DEMAND;
d. To accept and collect payment from responsible parties;
e. To identify climate change adaptive infrastructure projects;
f. To disperse funds to climate change adaptive infrastructure
projects; and
g. To allocate funds in such a way as to achieve a goal that at least
forty percent of the qualified expenditures from the program, but not
less than thirty-five percent of such expenditures, shall go to climate
change adaptive infrastructure projects that benefit disadvantaged
communities as defined in section 75-0101 of this chapter.
3. a. A responsible party shall be strictly liable, without regard to
fault, for a share of the COST RECOVERY AMOUNT, WHICH SHALL BE USED FOR
THE costs of climate change adaptive infrastructure projects, including
their operation and maintenance, supported by the fund.
b. With respect to each responsible party, the cost recovery demand
shall be equal to an amount that bears the same ratio to [seventy-five
billion dollars] THE COST RECOVERY AMOUNT as the responsible party's
applicable share of covered greenhouse gas emissions bears to the aggre-
gate applicable shares of covered greenhouse gas emissions of all
responsible parties.
c. The applicable share of covered greenhouse gas emissions taken into
account under this section for any responsible party shall be the amount
by which the covered greenhouse gas emissions attributable to such
responsible party exceeds one billion metric tons.
d. [Where an entity owns a minority interest in another entity of ten
percent or more, the calculation of the entity's applicable share of
greenhouse gas emissions taken into account under this section shall
include the applicable share of greenhouse gas emissions taken into
account under this section by the entity in which the responsible party
S. 824 6
holds a minority interest, multiplied by the percentage of the minority
interest held.
e.] In determining the amount of greenhouse gas emissions attributable
to any entity, [an amount equivalent to nine hundred forty-two and one-
half metric tons of carbon dioxide equivalent shall be treated as
released for every million pounds of coal attributable to such entity;
an amount equivalent to four hundred thirty-two thousand one hundred
eighty metric tons of carbon dioxide equivalent shall be treated as
released for every million barrels of crude oil attributable to such
entity; and an amount equivalent to fifty-three thousand four hundred
forty metric tons of carbon dioxide equivalent shall be treated as
released for every million cubic feet of fuel gases attributable to such
entity] THE DEPARTMENT MAY: I. REQUIRE AN ENTITY TO PROVIDE INFORMATION
TO THE DEPARTMENT RELATED TO PAST PRACTICES, PRODUCTION, EXTRACTION,
REFINING, EMISSIONS, OR OTHER HISTORICAL INFORMATION ABOUT SUCH ENTITY
NECESSARY OR APPROPRIATE TO ENABLE THE DEPARTMENT TO DETERMINE WHETHER
SUCH ENTITY IS A RESPONSIBLE PARTY AND, IF SO, THE AMOUNT OF SUCH
RESPONSIBLE PARTY'S COVERED GREENHOUSE GAS EMISSIONS; II. APPLY CONSIST-
ENT EMISSIONS FACTORS, CONSISTENT WITH THE CLIMATE LEADERSHIP AND COMMU-
NITY PROTECTION ACT PURSUANT TO CHAPTER ONE HUNDRED SIX OF THE LAWS OF
TWO THOUSAND NINETEEN, TO CONVERT EXTRACTION AND REFINING DATA INTO
GREENHOUSE GAS EMISSIONS; AND III. UTILIZE INFORMATION RECEIVED FROM THE
DEPARTMENT OF TAXATION AND FINANCE PURSUANT TO SUBDIVISION (A) OF
SECTION THREE HUNDRED FOURTEEN OF THE TAX LAW.
E. I. THE DEPARTMENT SHALL ISSUE NOTICES OF COST RECOVERY DEMAND TO
ALL RESPONSIBLE PARTIES AT THE TIMES SET FORTH IN PARAGRAPH A OF SUBDI-
VISION FOUR OF THIS SECTION. PAYMENT OF A COST RECOVERY DEMAND SHALL BE
MADE IN FULL ON THE APPLICABLE PAYMENT DATE PROVIDED THAT, NOTWITHSTAND-
ING PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION, THE DEPARTMENT MAY
PROVIDE THAT A RESPONSIBLE PARTY MAY ELECT TO PAY AN AMOUNT NO GREATER
THAN NINETY-TWO PERCENT OF THE AMOUNT OF THE COST RECOVERY DEMAND AFTER
THE APPLICABLE PAYMENT DATE. ANY SUCH PAYMENTS PERMITTED TO BE MADE
AFTER THE APPLICABLE PAYMENT DATE SHALL BE MADE WITHIN TWENTY-FOUR YEARS
OF THE APPLICABLE PAYMENT DATE, SHALL BE NO LESS FREQUENT THAN ANNUAL
BEGINNING IN THE YEAR FOLLOWING THE APPLICABLE PAYMENT DATE, AND SHALL
NOT INCREASE OVER TIME.
II. ANY RESPONSIBLE PARTY WHO FAILS TO MAKE A PAYMENT REQUIRED PURSU-
ANT TO THIS SUBDIVISION SHALL PAY A PENALTY OF FIFTY PER CENTUM OF THE
UNPAID PAYMENT AMOUNT, PLUS INTEREST ON THE UNPAID PAYMENT AMOUNT
COMPUTED IN ACCORDANCE WITH SECTION 6621(A)(2) OF THE UNITED STATES
INTERNAL REVENUE CODE OF 1986 (PUBLIC LAW 99-514, 26 U.S.C. SECTION 1 ET
SEQ.) FROM THE DATE THE PAYMENT WAS REQUIRED TO BE PAID.
f. [The commissioner may adjust the cost recovery demand amount of a
responsible party refining petroleum products (or who is a successor in
interest to such an entity) if such responsible party establishes to the
satisfaction of the commissioner that a portion of the cost recovery
demand amount was attributable to the refining of crude oil extracted by
another responsible party (or who is a successor in interest to such an
entity) that accounted for such crude oil in determining its cost recov-
ery demand amount.
g. Payment of a cost recovery demand shall be made in full on the
applicable payment date unless a responsible party elects to pay in
installments pursuant to paragraph h of this subdivision.
h. A responsible party may elect to pay the cost recovery demand
amount in twenty-four annual installments, eight percent of the total
due in the first installment and four percent of the total due in each
S. 824 7
of the following twenty-three installments. If an election is made under
this paragraph, the first installment shall be paid on the applicable
payment date and each subsequent installment shall be paid on the same
date as the applicable payment date in each succeeding year.
i.] If there is any addition to the original amount of the FINAL cost
recovery demand AS OF THE APPLICABLE PAYMENT DATE for failure to timely
pay any [installment] AMOUNT required TO BE PAID under this subdivision,
a liquidation or sale of substantially all the assets of the responsible
party (including in a proceeding under U.S. Code: Title 11 or similar
case), a cessation of business by the responsible party, or any similar
circumstance, then the unpaid balance of all [remaining installments]
UNPAID AMOUNTS shall be due on the date of such event (or in the case of
a proceeding under U.S. Code: Title 11 or similar case, on the day
before the petition is filed). The preceding sentence shall not apply to
the sale of substantially all of the assets of a responsible party to a
buyer if such buyer enters into an agreement with the department under
which such buyer is liable for [the remaining installments] ALL UNPAID
AMOUNTS due [under this subdivision] in the same manner as if such buyer
were the responsible party.
4. a. Within [one year] THIRTY MONTHS of the effective date of this
article, the department shall promulgate such regulations as are neces-
sary OR APPROPRIATE to carry out this article, including but not limited
to:
i. PROVISIONS FOR THE DEPARTMENT TO REQUIRE AN ENTITY TO PROVIDE
INFORMATION TO THE DEPARTMENT RELATED TO PAST PRACTICES, PRODUCTION,
EXTRACTION, REFINING, EMISSIONS, OR OTHER HISTORICAL INFORMATION ABOUT
SUCH ENTITY NECESSARY OR APPROPRIATE TO ENABLE THE DEPARTMENT TO DETER-
MINE WHETHER SUCH ENTITY IS A RESPONSIBLE PARTY AND, IF SO, THE AMOUNT
OF SUCH RESPONSIBLE PARTY'S COVERED GREENHOUSE GAS EMISSIONS;
II. adopting UNIFORM AND CONSISTENT methodologies using the best
available [science] INFORMATION, SUCH AS PUBLICLY AVAILABLE DATABASES OF
HISTORICAL PRODUCTION DATA, to determine responsible parties and their
applicable share of covered greenhouse gas emissions consistent with the
provisions of this article;
[ii.] III. registering entities that are responsible parties under the
program;
[iii.] IV. issuing notices of cost recovery demand [to responsible
parties informing them of the cost recovery demand amount; how and where
cost recovery demands can be paid; the potential consequences of nonpay-
ment and late payment; and information regarding their rights to contest
an assessment], NO LATER THAN JUNE THIRTIETH OF THE FOURTH CALENDAR YEAR
FOLLOWING THE EFFECTIVE DATE OF THIS ARTICLE, FOR EACH RESPONSIBLE
PARTY'S COST RECOVERY DEMAND;
[iv.] V. ESTABLISHING A PROCESS SUCH THAT:
(1) A RESPONSIBLE PARTY MAY FILE A REQUEST FOR RECONSIDERATION OF ITS
COST RECOVERY DEMAND WITH THE DEPARTMENT WITHIN SIXTY DAYS FOLLOWING
SERVICE OF THE NOTICE OF COST RECOVERY DEMAND IF WITHIN THE UNITED
STATES, AND WITHIN NINETY DAYS FOLLOWING SUCH SERVICE OUTSIDE THE UNITED
STATES, AND IN DOING SO SHALL EXHAUST ADMINISTRATIVE REMEDIES;
(2) A REQUEST FOR RECONSIDERATION SHALL STATE THE GROUNDS FOR THE
REQUEST AND INCLUDE SUPPORTING DOCUMENTATION, WHICH MAY INCLUDE BUT IS
NOT LIMITED TO DOCUMENTATION OF THE PARTY'S COVERED GREENHOUSE GAS EMIS-
SIONS AND THE PARTY'S CONTACTS WITH THE STATE;
(3) THE DEPARTMENT SHALL CONSIDER WHETHER ANY SUCH REQUESTS FOR RECON-
SIDERATION, INCLUDING WHETHER A RESPONSIBLE PARTY REFINING PETROLEUM
PRODUCTS, OR WHO IS A SUCCESSOR IN INTEREST TO SUCH AN ENTITY, ESTAB-
S. 824 8
LISHES TO THE SATISFACTION OF THE DEPARTMENT THAT A PORTION OF THE COST
RECOVERY DEMAND AMOUNT WAS ATTRIBUTABLE TO THE REFINING OF CRUDE OIL
EXTRACTED BY A RESPONSIBLE PARTY, OR WHO IS A SUCCESSOR IN INTEREST TO
SUCH AN ENTITY, THAT WAS ACCOUNTED FOR IN DETERMINING THE COST RECOVERY
DEMAND AMOUNT OF SUCH RESPONSIBLE PARTY, AND WHETHER NOTICES OF COST
RECOVERY DEMAND SHOULD BE UPDATED, AND SHALL ISSUE UPDATED NOTICES OF
COST RECOVERY DEMAND, IF APPLICABLE, WHICH SHALL INCLUDE A STATEMENT OF
THE GROUNDS OF THE DEPARTMENT'S DETERMINATION, WITHIN SIXTY DAYS FOLLOW-
ING THE EXPIRATION OF ALL PERIODS FOR SUBMITTING A REQUEST FOR RECONSID-
ERATION UNDER ITEM ONE OF THIS SUBPARAGRAPH;
(4) IF NOTICES OF COST RECOVERY DEMAND ISSUED PURSUANT TO ITEM THREE
OF THIS SUBPARAGRAPH RESULT IN A NEW RESPONSIBLE PARTY RECEIVING A
NOTICE OF COST RECOVERY DEMAND THAT WAS NOT ISSUED A NOTICE OF COST
RECOVERY DEMAND BY THE DATE REQUIRED BY SUBPARAGRAPH IV OF THIS PARA-
GRAPH, THEN, IN THE SAME MANNER AS SET FORTH IN ITEMS ONE, TWO AND THREE
OF THIS SUBPARAGRAPH, SUCH RESPONSIBLE PARTY SHALL HAVE SIXTY DAYS FROM
SERVICE WITHIN THE UNITED STATES, AND NINETY DAYS FROM SERVICE OUTSIDE
THE UNITED STATES, TO FILE A REQUEST FOR RECONSIDERATION, WHICH FILING
SHALL EXHAUST SUCH RESPONSIBLE PARTY'S ADMINISTRATIVE REMEDIES, AND THE
DEPARTMENT SHALL CONSIDER SUCH REQUEST FOR RECONSIDERATION AND ISSUE
UPDATED NOTICES OF COST RECOVERY DEMAND, IF APPLICABLE, IN THE MANNER
CONTEMPLATED BY ITEM THREE OF THIS SUBPARAGRAPH;
(5) IF ANY UPDATING OF NOTICES OF COST RECOVERY DEMAND PURSUANT TO
SUCH PROCESSES FOR RECONSIDERATION RESULTS IN A NEW RESPONSIBLE PARTY
THAT WAS NOT PREVIOUSLY ISSUED A COST RECOVERY DEMAND, SUCH NEW RESPON-
SIBLE PARTY SHALL ALSO BE GIVEN THE OPPORTUNITY TO FILE A REQUEST FOR
RECONSIDERATION IN THE SAME MANNER AS SET FORTH IN ITEM FOUR OF THIS
SUBPARAGRAPH, AND SUCH PROCESS SHALL CONTINUE UNTIL NO NEW RESPONSIBLE
PARTY RESULTS FROM ISSUANCE OF NOTICES OF COST RECOVERY DEMAND; AND
(6) IF THE PROCESSES IN THIS SUBPARAGRAPH RESULT IN ISSUANCES OF
NOTICES OF COST RECOVERY DEMAND AFTER THE APPLICABLE PAYMENT DATE, THEN
THE APPLICABLE PAYMENT DATE SHALL BE THE DATE WHICH IS THIRTY DAYS AFTER
THE FINAL ISSUANCE OF NOTICES OF COST RECOVERY DEMAND; AND
VI. accepting payments from, pursuing collection efforts against, and
negotiating settlements with responsible parties[; and
v. adopting procedures for identifying and selecting climate change
adaptive infrastructure projects eligible to receive qualifying expendi-
tures, including legislative budget appropriations, issuance of requests
for proposals from localities and not-for-profit and community organiza-
tions, grants to private individuals, or other methods as determined by
the department, and for dispersing moneys from the fund for qualifying
expenditures. When considering projects intended to stabilize tidal
shorelines, the department shall encourage the use of nature-based
solutions. Total qualifying expenditures shall be allocated in such a
way as to achieve a goal that at least forty percent of the qualified
expenditures from the program, but not less than thirty-five percent of
such expenditures, shall go to climate change adaptive infrastructure
projects that benefit disadvantaged communities as defined in section
75-0101 of this chapter].
b. The department shall hold at least two public hearings, one in-per-
son and one virtual, on proposed regulations, with a minimum of thirty
days' public notice in compliance with the provisions of article seven
of the public officers law.
5. THE DEPARTMENT SHALL DEVELOP PROCEDURES TO MAKE PUBLICLY AVAIL-
ABLE, BY POSTING ON ITS WEBSITE, ALL DATA RELATED TO FOSSIL FUEL
S. 824 9
EXTRACTION AND REFINING BY ENTITIES WHICH THE DEPARTMENT OBTAINS PURSU-
ANT TO THE PROGRAM, TO THE MAXIMUM EXTENT PRACTICABLE.
6. Within [two years] EIGHTEEN MONTHS of the [effective date of this
article] PROMULGATION OF THE FINAL REGULATIONS PURSUANT TO SUBDIVISION
FOUR OF THIS SECTION, the department shall complete a statewide climate
change adaptation [master] AND RESILIENCE plan, WHICH SHALL BE PUBLICLY
AVAILABLE, INCLUDING AT A MINIMUM ON THE DEPARTMENT'S WEBSITE, AND
UPDATED NO LESS THAN EVERY THREE YEARS FOLLOWING THE PROCEDURES OF THIS
SUBDIVISION, for the purpose of guiding the dispersal of funds, PURSUANT
TO SECTION NINETY-SEVEN-M OF THE STATE FINANCE LAW, TO ALL REGIONS OF
THE STATE in a timely, efficient, and equitable manner [to all regions
of the state] in accordance with the provisions of this chapter. In
completing such plan, the department shall:
a. collaborate with the department of state, [empire state develop-
ment] HOMES AND COMMUNITY RENEWAL, the department of agriculture and
markets, the New York state energy research and development authority,
the department of public service, THE DEPARTMENT OF TRANSPORTATION, THE
DEPARTMENT OF HEALTH, THE DIVISION OF BUDGET and the [New York independ-
ent systems operator] DIVISION OF HOMELAND SECURITY AND EMERGENCY
SERVICES;
b. assess the adaptation needs [and vulnerabilities] of various areas
vital to the state's economy, normal functioning, and the health and
well-being of New Yorkers, including but not limited to: agriculture,
biodiversity, ecosystem services, education, finance, healthcare, manu-
facturing, housing and [real estate] LAND USE, retail, tourism (includ-
ing state and municipal parks), transportation, and municipal and local
government.
c. identify major potential, proposed, and ongoing climate change
adaptive infrastructure projects throughout the state;
d. identify opportunities for alignment with existing federal, state,
and local funding streams;
e. IDENTIFY POTENTIAL MUNICIPAL, NOT-FOR-PROFIT, AND COMMUNITY ORGAN-
IZATION GRANT PROGRAMS;
F. INCLUDE IN SUCH PLAN PROJECT CRITERIA, PROJECT TYPES AND RECOMMEN-
DATIONS FOR IDENTIFYING AND SELECTING CLIMATE CHANGE ADAPTIVE INFRAS-
TRUCTURE PROJECTS ELIGIBLE TO RECEIVE QUALIFYING EXPENDITURES. WHEN
CONSIDERING PROJECTS INTENDED TO STABILIZE TIDAL SHORELINES, THE DEPART-
MENT SHALL ENCOURAGE THE USE OF NATURE-BASED SOLUTIONS;
G. consult with stakeholders, including local governments, businesses,
environmental advocates, THE FEDERALLY DESIGNATED BULK SYSTEM OPERATOR,
relevant subject area experts, and representatives of disadvantaged
communities; and
[f.] H. provide opportunities for public engagement in all regions of
the state, INCLUDING BY HOLDING AT LEAST TWO PUBLIC HEARINGS, ONE
IN-PERSON AND ONE VIRTUAL, WITH MEANINGFUL OPPORTUNITIES FOR PARTIC-
IPATION AND PUBLIC COMMENT FROM ALL SEGMENTS OF THE POPULATION, INCLUD-
ING PERSONS LIVING IN DISADVANTAGED COMMUNITIES AS IDENTIFIED PURSUANT
TO SECTION 75-0111 OF THIS CHAPTER, A MINIMUM OF SIXTY DAYS' PUBLIC
NOTICE IN COMPLIANCE WITH THE PROVISIONS OF ARTICLE SEVEN OF THE PUBLIC
OFFICERS LAW, ON A DRAFT OF THE PLAN, A SUMMARY AND ANALYSIS OF THE
PUBLIC COMMENTS AND A DESCRIPTION OF ANY CHANGES MADE TO THE PLAN BASED
ON THE PUBLIC COMMENTS RECEIVED.
[6.] 7. TOTAL QUALIFYING EXPENDITURES SHALL BE ALLOCATED IN SUCH A
WAY AS TO ACHIEVE A GOAL THAT AT LEAST FORTY PERCENT OF THE QUALIFIED
EXPENDITURES FROM THE PROGRAM, BUT NOT LESS THAN THIRTY-FIVE PERCENT OF
SUCH EXPENDITURES, SHALL GO TO CLIMATE CHANGE ADAPTIVE INFRASTRUCTURE
S. 824 10
PROJECTS THAT BENEFIT DISADVANTAGED COMMUNITIES AS DEFINED IN SECTION
75-0101 OF THIS CHAPTER.
8. The department[, the department of taxation and finance,] and the
attorney general are hereby authorized to implement and enforce the
provisions of this article.
[7. The department or the department of taxation and finance shall
provide an opportunity to be heard to any responsible parties that seek
to contest a cost recovery demand. Determinations made in favor of a
petitioner after such hearing shall be final and conclusive. A determi-
nation in favor of the state may be appealed under article seventy-eight
of the civil practice law and rules.
8.] 9. Moneys received from cost recovery demands shall be deposited
in the climate change adaptation fund established pursuant to section
ninety-seven-m of the state finance law.
[9.] 10. a. The department shall conduct an [independent] evaluation
of the climate change adaptation cost recovery program. The purpose of
this evaluation is to determine the effectiveness of the program in
achieving its purposes as defined in subdivision two of this section.
SUCH EVALUATION SHALL INCLUDE, AT MINIMUM:
I. A LIST OF ALL RESPONSIBLE PARTIES AND THEIR RESPECTIVE COST RECOV-
ERY DEMANDS, AS WELL AS ANY CHANGES TO AN ENTITY'S STATUS AS A RESPONSI-
BLE PARTY DURING THE PRECEDING PROGRAM YEAR;
II. AN ACCOUNTING OF ALL COST RECOVERY DEMANDS MADE TO RESPONSIBLE
PARTIES, ACTUAL MONIES COLLECTED, AND PENALTIES OR OTHER COLLECTION
MEASURES TAKEN DURING THE PRECEDING PROGRAM YEAR;
III. AN ACCOUNTING OF ALL EXPENDITURES FROM THE CLIMATE CHANGE ADAPTA-
TION FUND ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-M OF THE STATE
FINANCE LAW, INCLUDING AT A MINIMUM:
(1) EXPENDITURES THAT BENEFIT DISADVANTAGED COMMUNITIES AS DEFINED IN
SECTION 75-0101 OF THIS CHAPTER;
(2) EXPENDITURES BY PROJECT TYPE;
(3) EXPENDITURES BY PERCENTAGE OF OVERALL FUNDING USED FOR GRANT
PROGRAMS FOR MUNICIPALITIES AND NOT-FOR-PROFIT AND COMMUNITY ORGANIZA-
TIONS; AND
(4) EXPENDITURES FOR ADMINISTRATION AND IMPLEMENTATION SUPPORT;
IV. A REVIEW OF CLIMATE CHANGE ADAPTIVE INFRASTRUCTURE PROJECTS'
STATUS, INCLUDING THE NUMBER OF PROJECTS THAT HAVE BEEN COMPLETED AND
THOSE PROJECTS WHICH HAVE BEEN IDENTIFIED AND REMAIN UNFUNDED;
V. A SUMMARY OF THE GEOGRAPHIC DISTRIBUTION OF CLIMATE CHANGE ADAPTIVE
INFRASTRUCTURE PROJECTS; AND
VI. IDENTIFICATION OF FUTURE SPENDING NEEDS.
b. Such evaluation shall be MADE PUBLIC ON THE DEPARTMENT'S WEBSITE
AND provided to the governor, the temporary president of the senate and
the speaker of the assembly on or before January first of the second
calendar year following the year in which this article is enacted into
law, and annually on or before September thirtieth thereafter.
[c. Any entity contracted by the department to conduct such evaluation
shall receive prompt payment of all moneys due upon completion of such
evaluation.] 11. THE DEPARTMENT SHALL PUBLISH ALL INFORMATION, REQUESTS
FOR PROPOSALS, APPLICATION FORMS, PROCEDURES AND GUIDELINES RELATING TO
CLIMATE CHANGE ADAPTIVE INFRASTRUCTURE PROJECTS ON ITS WEBSITE AND IN A
MANNER THAT IS ACCESSIBLE TO THE PUBLIC AND ALL POTENTIAL RECIPIENTS.
§ 76-0105. REQUIREMENTS FOR CLIMATE CHANGE ADAPTIVE INFRASTRUCTURE
PROJECTS.
FOR EACH CONTRACT FOR CLIMATE CHANGE ADAPTIVE INFRASTRUCTURE PROJECTS,
FUNDED IN PART OR IN WHOLE FROM THE CLIMATE CHANGE ADAPTATION FUND
S. 824 11
ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-M OF THE STATE FINANCE LAW,
BY A PUBLIC ENTITY, OR A THIRD PARTY ACTING ON BEHALF AND FOR THE BENE-
FIT OF A PUBLIC ENTITY, THE "PUBLIC WORK" FOR THE PURPOSES OF THIS
SUBDIVISION SHALL ENSURE THAT SUCH CONTRACT SHALL CONTAIN A PROVISION
THAT THE IRON AND STEEL USED OR SUPPLIED IN THE PERFORMANCE OF THE
CONTRACT OR ANY SUBCONTRACT THERETO, SHALL BE PRODUCED OR MADE IN WHOLE
OR SUBSTANTIAL PART IN THE UNITED STATES, ITS TERRITORIES OR
POSSESSIONS. IN THE CASE OF AN IRON OR STEEL PRODUCT ALL MANUFACTURING
MUST TAKE PLACE IN THE UNITED STATES, FROM THE INITIAL MELTING STAGE
THROUGH THE APPLICATION OF COATINGS, EXCEPT METALLURGICAL PROCESSES
INVOLVING THE REFINEMENT OF STEEL ADDITIVES.
§ 4. Section 224-f of the labor law, as added by section 3 of part TT
of chapter 56 of the laws of 2023, is amended to read as follows:
§ 224-f. Wage requirements for certain climate risk-related and energy
transition projects. 1. For purposes of this section, a "covered climate
risk-related and energy transition project" means a construction project
that receives at least one hundred thousand dollars of funds from the
New York climate action fund climate investment account established
pursuant to section ninety-nine-qq of the state finance law OR THE
CLIMATE CHANGE ADAPTATION FUND ESTABLISHED PURSUANT TO SECTION NINETY-
SEVEN-M OF THE STATE FINANCE LAW.
2. A covered climate risk-related and energy transition project shall
be subject to prevailing wage requirements in accordance with sections
two hundred twenty, two hundred twenty-a, two hundred twenty-b, two
hundred twenty-i, two hundred twenty-three, and two hundred
twenty-four-b of this article, provided that a covered climate risk-re-
lated and energy transition project may still otherwise be considered a
covered project pursuant to section two hundred twenty or two hundred
twenty-four-a of this article if it meets the definition therein.
3. For purposes of this section, a covered climate risk-related and
energy transition project shall exclude:
a. Privately owned construction work performed under a pre-hire
collective bargaining agreement between an owner or developer and a bona
fide building and construction trades labor organization which has
established itself, and/or its affiliates, as the collective bargaining
representative for all persons who will perform work on such a project,
and which provides that only contractors and subcontractors who sign a
pre-negotiated agreement with the labor organization can perform work on
such a project; or
b. Construction work on one- or two-family dwellings where the proper-
ty is the owner's primary residence, or construction work performed on
property where the owner of the property owns no more than four dwelling
units; or
c. Construction work performed on a multiple residence and/or ancil-
lary amenities or installations that is wholly privately owned in any of
the following circumstances:
(i) where no less than twenty-five percent of the residential units
are affordable and shall be retained subject to an anticipated regulato-
ry agreement with a local, state, or federal governmental entity, or a
not-for-profit entity with an anticipated formal agreement with a local,
state, or federal governmental entity for purposes of providing afforda-
ble housing in a given locality or region provided that the period of
affordability for a residential unit deemed affordable under the
provisions of this paragraph shall be for no less than fifteen years
from the date of construction; or
S. 824 12
(ii) where no less than thirty-five percent of the residential units
involves the provision of supportive housing services for vulnerable
populations provided that such units are subject to an anticipated regu-
latory agreement with a local, state, or federal governmental entity.
4. As a condition of receiving funds from the New York climate action
fund climate investment account established pursuant to section ninety-
nine-qq of the state finance law OR FROM THE CLIMATE CHANGE ADAPTATION
FUND ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-M OF THE STATE FINANCE
LAW for a covered climate risk-related and energy transition project,
the owner or developer of such covered climate risk-related and energy
transition project, or a third party acting on such owner's or develop-
er's behalf, shall agree to enter into a labor peace agreement with at
least one bona fide labor organization either:
a. where such bona fide labor organization is actively representing
non-construction employees who will be working within the covered
climate risk-related and energy transition project once built; or
b. upon notice by a bona fide labor organization that is attempting to
represent such non-construction employees.
5. For purposes of this section "labor peace agreement" means an
agreement between an owner and/or developer and labor organization that,
at a minimum, protects the state's proprietary interests by prohibiting
labor organizations and members from engaging in picketing, work stop-
pages, boycotts, and any other economic interference.
6. The owner or developer using funds from the New York climate action
fund climate investment account established pursuant to section ninety-
nine-qq of the state finance law OR FROM THE CLIMATE CHANGE ADAPTATION
FUND ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-M OF THE STATE FINANCE
LAW for a covered climate risk-related and energy transition project
pursuant to this section shall:
a. require the use of apprenticeship agreements as defined by article
twenty-three of this chapter; or for industries without apprenticeship
programs, require the use of workforce training, preferably in conjunc-
tion with a bona fide labor organization; and
b. consider use of registered pre-apprenticeship direct entry programs
for the recruitment of local and/or disadvantaged workers.
7. For purposes of this section, the "fiscal officer" shall be deemed
to be the commissioner. The enforcement of any covered climate risk-re-
lated and energy transition project under this section shall be subject
to the requirements of sections two hundred twenty, two hundred twen-
ty-a, two hundred twenty-b, two hundred twenty-i, two hundred twenty-
three, two hundred twenty-four-b of this article, and section two
hundred twenty-seven of this chapter and within the jurisdiction of the
fiscal officer; provided, however, nothing contained in this section
shall be deemed to construe any covered climate risk-related and energy
transition project as otherwise being considered public work pursuant to
this article.
8. The fiscal officer may issue rules and regulations governing the
provisions of this section. Violations of this section shall be grounds
for determinations and orders pursuant to section two hundred twenty-b
of this article.
9. For any building service work on a covered climate risk-related and
energy transition project, prevailing wage shall be paid consistent with
article nine of this chapter.
10. Any public entity receiving at least five million dollars in funds
from the New York climate action fund climate investment account estab-
lished pursuant to section ninety-nine-qq of the state finance law OR
S. 824 13
FROM THE CLIMATE CHANGE ADAPTATION FUND ESTABLISHED PURSUANT TO SECTION
NINETY-SEVEN-M OF THE STATE FINANCE LAW for a project which involves the
construction, reconstruction, alteration, maintenance, moving, demoli-
tion, excavation, development or other improvement of any building,
structure or land, shall be subject to section two hundred twenty-two of
this article.
§ 5. Subdivision (a) of section 314 of the tax law, as amended by
chapter 190 of the laws of 1990, is amended to read as follows:
(a) General.[--] Except in accordance with proper judicial order or as
otherwise provided by law, it shall be unlawful for any tax commission-
er, any officer or employee of the department of taxation and finance,
or any person who, pursuant to this section, is permitted to inspect any
return, or to whom any information contained in any return is furnished,
or any person engaged or retained by such department on an independent
contract basis, or any person who in any manner may acquire knowledge of
the contents of a return filed pursuant to this article, to divulge or
make known in any manner the amount of income or gross receipts or any
particulars set forth or disclosed in any return under this article. The
officers charged with the custody of such returns shall not be required
to produce any of them or evidence of anything contained in them in any
action or proceeding in any court, except on behalf of the state or the
commissioner of taxation and finance in an action or proceeding under
the provisions of this chapter or in any other action or proceeding
involving the collection of a tax due under this chapter to which the
state or the commissioner is a party or a claimant, or on behalf of any
party to any action or proceeding under the provisions of this article
when the returns or facts shown thereby are directly involved in such
action or proceeding, in any of which events the court may require the
production of, and may admit in evidence, so much of said returns or of
the facts shown thereby as are pertinent to the action or proceeding and
no more. The commissioner may, nevertheless, publish a copy or a summary
of any determination or decision rendered after the formal hearing
provided for in this chapter. Nothing herein shall be construed to
prohibit the delivery to a petroleum business or its duly authorized
representative of a copy of any return filed by it, nor to prohibit the
publication of statistics so classified as to prevent the identification
of particular returns and the items thereof, OR THE DISCLOSURE OF DATA
OTHER THAN TAXPAYER IDENTITY INFORMATION FROM A RETURN OR RETURNS OF ONE
OR MORE PETROLEUM OR FOSSIL FUEL BUSINESSES TO THE DEPARTMENT OF ENVI-
RONMENTAL CONSERVATION OR THE NEW YORK STATE ENERGY RESEARCH AND DEVEL-
OPMENT AUTHORITY FOR THE PURPOSE OF IMPLEMENTING THE NEW YORK STATE
CLIMATE CHANGE SUPERFUND ACT, or the publication of delinquent lists
showing the names of petroleum businesses who have failed to pay their
taxes at the time and in the manner provided by section three hundred
eight of this article together with any relevant information which in
the opinion of the commissioner may assist in the collection of such
delinquent taxes; or the inspection by the attorney general or other
legal representatives of the state of the return of any petroleum busi-
ness which shall bring action to set aside or review the tax based ther-
eon, or against whom an action or proceeding under this chapter has been
recommended by the commissioner or the attorney general or has been
instituted; or the inspection of the returns of any petroleum business
by the comptroller or duly designated officer or employee of the state
department of audit and control, for purposes of the audit of a refund
of any tax paid by such petroleum business under this article. Provided,
further, nothing herein shall be construed to prohibit the disclosure of
S. 824 14
taxpayer identity information, including name, mailing address and
taxpayer identifying number (social security account number, or such
other number as has been assigned by the secretary of the United States
treasury or [his] SUCH SECRETARY'S delegate, or by the commissioner of
taxation and finance), with respect to persons who are registered as
residual petroleum product or aviation fuel businesses under this arti-
cle or as distributors of motor fuel or diesel motor fuel or kero-jet
fuel only for the purpose of article twelve-A of this chapter or this
article, whose registration as a residual petroleum product business or
as such distributor has been cancelled or suspended pursuant to this
article or such article twelve-A or whose application for registration
as a residual petroleum product business or as such distributor has been
refused pursuant to this article or such article twelve-A. In addition,
the commissioner may disclose the fact that a person is not registered
as a residual petroleum business under this article or as a distributor
of motor fuel, diesel motor fuel or kero-jet fuel only under article
twelve-A of this chapter. Information disclosed pursuant to this subdi-
vision shall not, by itself, be construed as proof of compliance or
noncompliance with the provisions of this chapter.
§ 6. Section 97-m of the state finance law, as added by a chapter of
the laws of 2024 amending the environmental conservation law, relating
to establishing the climate change adaptation cost recovery program; and
amending the state finance law relating to establishing the climate
change adaptation fund, as proposed in legislative bills numbers S.
2129-B and A. 3351-B, is amended to read as follows:
§ 97-m. Climate change adaptation fund. 1. There is hereby established
in the custody of the comptroller and the commissioner of taxation and
finance a special [revolving] REVENUE fund to be known as the "climate
change adaptation fund" for the purpose of receiving moneys through cost
recovery demands and issuing funds for qualifying expenditures pursuant
to the climate change adaptation cost recovery program established in
article seventy-six of the environmental conservation law.
2. No monies shall be expended from the fund for any [project] PURPOSE
except:
A. FOLLOWING APPROPRIATION BY THE LEGISLATURE, qualifying expenditures
pursuant to the program, including their operation and maintenance, AS
WELL AS REASONABLE COSTS AND EXPENSES INCURRED BY STATE ENTITIES FOR
ADMINISTERING AND DIRECTLY SUPPORTING THE IMPLEMENTATION OF CLIMATE
CHANGE ADAPTIVE INFRASTRUCTURE PROJECTS UNDER THE PROGRAM; PROVIDED,
HOWEVER, THAT NO MORE THAN ONE PERCENT OF THE RECEIPTS OF THE FUND MAY
BE USED FOR SUCH ADMINISTRATIVE OR IMPLEMENTATION COSTS; AND
B. FOLLOWING APPROPRIATION OR AUTHORIZATION BY THE LEGISLATURE, TRANS-
FER TO OTHER FUNDS FOR INVESTMENTS, PAYMENTS OR BENEFITS DIRECTLY
RELATED TO SUCH CLIMATE CHANGE ADAPTIVE INFRASTRUCTURE PROJECTS, AS
APPROPRIATE.
3. ANY APPROPRIATION FOR QUALIFYING EXPENDITURES SHALL INDICATE BY
PROJECT TYPE THE AMOUNT OF QUALIFYING EXPENDITURES TO BE MADE AVAILABLE,
HOWEVER, NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
AMOUNTS ASSOCIATED WITH VARIOUS PROJECT TYPES SHALL BE FULLY INTER-
CHANGEABLE WITHIN THE OVERALL APPROPRIATION.
4. Revenues in the fund shall be kept separate and shall not be
commingled with any other moneys in the custody of the comptroller or
the commissioner of taxation and finance. All deposits of such revenues
shall, if required by the comptroller, be secured by obligations of the
United States or of the state having a market value equal at all times
to the amount of such deposits and all banks and trust companies are
S. 824 15
authorized to give security for such deposits. Any such revenues in such
fund may, upon the discretion of the comptroller, be invested in obli-
gations in which the comptroller is authorized to invest pursuant to
section ninety-eight-a of this article.
[4.] 5. All payments of moneys from the fund shall be made on the
audit and warrant of the comptroller.
§ 7. Section 6 of a chapter of the laws of 2024 amending the environ-
mental conservation law relating to establishing the climate change
adaptation cost recovery program; and amending the state finance law
relating to establishing the climate change adaptation fund, as proposed
in legislative bills numbers S. 2129-B and A. 3351-B, is amended to read
as follows:
§ 6. Severability. If any word, phrase, clause, sentence, paragraph,
section, or part of this act shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation
to the word, phrase, clause, sentence, paragraph, section, or part ther-
eof directly involved in the controversy in which such judgment shall
have been rendered. IT IS HEREBY DECLARED TO BE THE INTENT OF THE LEGIS-
LATURE THAT THIS ACT WOULD HAVE BEEN ENACTED EVEN IF SUCH INVALID
PROVISIONS HAD NOT BEEN INCLUDED HEREIN.
§ 8. Severability. If any word, phrase, clause, sentence, paragraph,
section, or part of this act shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation
to the word, phrase, clause, sentence, paragraph, section, or part ther-
eof directly involved in the controversy in which such judgment shall
have been rendered. It is hereby declared to be the intent of the legis-
lature that this act would have been enacted even if such invalid
provisions had not been included herein.
§ 9. Construction. This act, being necessary for the general health,
safety, and welfare of the people of this state, shall be liberally
construed to effect its purpose.
§ 10. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2024 amending the environmental
conservation law relating to establishing the climate change adaptation
cost recovery program; and amending the state finance law relating to
establishing the climate change adaptation fund, as proposed in legisla-
tive bills numbers S. 2129-B and A. 3351-B, takes effect.Every fact on this page links to its source, starting with the official bill record.