STATE OF NEW YORK ________________________________________________________________________ 1853 2023-2024 Regular Sessions IN SENATE January 17, 2023 ___________ 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 1885 to read as follows: 3 § 1885. 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03424-01-3
S. 1853 2 1 greenhouse gas life cycle benefits, advancing direct air capture of 2 carbon dioxide in farmland and landscapes through enhanced weathering, 3 utilizing other innovative technologies, and the synergies between such 4 approaches, including agroforestry and reforestation to store carbon in 5 both trees and soil while producing ancillary benefits for working 6 lands. The research program shall also demonstrate successful technolo- 7 gies in pilot locations throughout the state of New York and utilize the 8 Cornell Cooperative Extension system for knowledge transfer. 9 3. The program shall include, but not be limited to, research on the 10 following topics, consistent with New York state's climate goals: 11 (a) methods to sequester carbon in soils through nature-based 12 solutions; 13 (b) improvement or enhancement of photosynthesis in plant life and 14 delivery to soil to facilitate carbon sequestration; 15 (c) development and deployment of technologies to measure, model and 16 verify carbon storage in natural and working lands; 17 (d) research that facilitates productive agroforestry, afforestation 18 and reforestation, including research that facilitates increased 19 nature-based carbon storage in peatlands and wetlands; and 20 (e) research that quantifies total greenhouse gas benefits, including 21 but not limited to nitrous oxide, methane and carbon, to assure that 22 there are overall greenhouse gas emission benefits. 23 § 2. Section 1 of part W of chapter 58 of the laws of 2021 authorizing 24 the energy research and development authority to finance a portion of 25 its research, development and demonstration, policy and planning, and 26 Fuel NY program, as well as climate change related expenses of the 27 department of environmental conservation and the department of agricul- 28 ture and markets' Fuel NY program, from an assessment on gas and elec- 29 tric corporations is amended to read as follows: 30 Section 1. Expenditures of moneys by the New York state energy 31 research and development authority for services and expenses of the 32 energy research, development and demonstration program, including 33 grants, the energy policy and planning program, the zero emissions vehi- 34 cle and electric vehicle rebate program, and the Fuel NY program shall 35 be subject to the provisions of this section. Notwithstanding the 36 provisions of subdivision 4-a of section 18-a of the public service law, 37 all moneys committed or expended in an amount not to exceed $22,700,000 38 shall be reimbursed by assessment against gas corporations, as defined 39 in subdivision 11 of section 2 of the public service law and electric 40 corporations as defined in subdivision 13 of section 2 of the public 41 service law, where such gas corporations and electric corporations have 42 gross revenues from intrastate utility operations in excess of $500,000 43 in the preceding calendar year, and the total amount assessed shall be 44 allocated to each electric corporation and gas corporation in proportion 45 to its intrastate electricity and gas revenues in the calendar year 46 2019. Such amounts shall be excluded from the general assessment 47 provisions of subdivision 2 of section 18-a of the public service law. 48 The chair of the public service commission shall bill such gas and/or 49 electric corporations for such amounts on or before August 10, 2021 and 50 such amounts shall be paid to the New York state energy research and 51 development authority on or before September 10, 2021. Upon receipt, the 52 New York state energy research and development authority shall deposit 53 such funds in the energy research and development operating fund estab- 54 lished pursuant to section 1859 of the public authorities law. The New 55 York state energy research and development authority is authorized and 56 directed to: (1) transfer up to $4 million to the state general fund for
S. 1853 3 1 climate change related services and expenses of the department of envi- 2 ronmental conservation, $150,000 to the state general fund for services 3 and expenses of the department of agriculture and markets, [and] 4 $825,000 to the University of Rochester laboratory for laser energetics, 5 and $1,000,000 to the New York State College of Agriculture and Life 6 Sciences' natural carbon sequestriation research program from the funds 7 received; and (2) commencing in 2016, provide to the chair of the public 8 service commission and the director of the budget and the chairs and 9 secretaries of the legislative fiscal committees, on or before August 10 first of each year, an itemized record, certified by the president and 11 chief executive officer of the authority, or his or her designee, 12 detailing any and all expenditures and commitments ascribable to moneys 13 received as a result of this assessment by the chair of the department 14 of public service pursuant to section 18-a of the public service law. 15 This itemized record shall include an itemized breakdown of the programs 16 being funded by this section and the amount committed to each program. 17 The authority shall not commit for any expenditure, any moneys derived 18 from the assessment provided for in this section, until the chair of 19 such authority shall have submitted, and the director of the budget 20 shall have approved, a comprehensive financial plan encompassing all 21 moneys available to and all anticipated commitments and expenditures by 22 such authority from any source for the operations of such authority. 23 Copies of the approved comprehensive financial plan shall be immediately 24 submitted by the chair to the chairs and secretaries of the legislative 25 fiscal committees. Any such amount not committed by such authority to 26 contracts or contracts to be awarded or otherwise expended by the 27 authority during the fiscal year shall be refunded by such authority on 28 a pro-rata basis to such gas and/or electric corporations, in a manner 29 to be determined by the department of public service, and any refund 30 amounts must be explicitly lined out in the itemized record described 31 above. 32 § 3. This act shall take effect immediately.