Bill S1247-2013

Establishes a clean air account and makes an appropriation therefor

Establishes a clean air account and makes an appropriation therefor; specifies the manner in which such appropriation is to be utilized.

Details

Actions

  • Jan 8, 2014: REFERRED TO FINANCE
  • Jan 9, 2013: REFERRED TO FINANCE

Memo

BILL NUMBER:S1247

TITLE OF BILL: An act to amend the state finance law, in relation to establishing a clean air account; and making an appropriation therefor

PURPOSE:

This bill will increase the Environmental Protection Fund (EPF) from $250 million to $300 million. This additional $50 million will be used to create a new Clean Air Account. This $50 million would be allocated as follows:

1. $35 million to upgrade the dirtiest School boilers in the State (Approximately 14 boilers per year);

2. $5 million for grants to School in Clean Air Non-Attainment Areas to pay for the increased cost of Ultra Low Sulfur Diesel; and

3. $10 million to fund the initial costs of conversion to bio- fuels. (In many cases, switching to a Bio-Fuel mixture requires the oil tank to be cleaned out. If the tank is not cleaned, the Bio-Fuel will push the tanks sludge into the boiler or furnace, which can inflict severe damage).

SUMMARY OF PROVISIONS:

Section 1. Amends paragraph a of subdivision 2 of Section 92-s of the State Finance Law to create a new clean air account within the EPF.

§2. Amends paragraph (e) of subdivision 6 of Section 92-s of the State Finance Law to provide that moneys from the Clean Air Account shall be allocated as follows: $35 million to upgrade the dirtiest School boilers in the State (Approximately 14 boilers per year); $5 million for grants to School in Clean Air Non-Attainment Areas to pay for the increased cost of Ultra Low Sulfur Diesel; and $10 million to fund the initial costs of conversion to bio-fuels.

§3. Provides for an appropriation of $50 million to the credit of the Clean Air Account of the EPF.

§4. Effective immediately.

EXISTING LAW:

The EPF is almost entirely funded by the Real Estate Transfer Tax (RETT). Revenues from the RETT have grown from $371 million in SFY 2001-02 to $950 million in 2006-07. It is realistic to expect that the RETT will continue to grow in the coming years.

The General Fund received no direct deposit of real estate transfer tax receipts in 2006-07 nor will it in 2007-08. However, the balance of the Clean Water/Clean Air Fund, not needed for debt service, is transferred to the General Fund. In 2006-07 and 2007-08, it is

expected that $682 million and $559.9 million, respectively, will be transferred to the General Fund.

During 2006-07, the statutory amount of real estate transfer tax receipts to be deposited in to the Environmental Protection Fund was $147 million. During 2007-08, the statutory amount of real estate transfer tax receipts to be deposited in to the Environmental Protection Fund will be up to $237 million.

JUSTIFICATION:

According to a May 1, 2007 report of the American Lung Association of New York, entitled State of the Air: 2007, fourteen of New York's thirty-two counties that have air pollution monitors, received failing grades. According to the report, residents of all regions of New York State breathe air with dangerously high levels of both particulate matter and ozone.

Additionally, The American Lung Association of New York State concluded that "Twenty-nine percent of all New York City emissions come from heating fuel - more than the amount from vehicle traffic and power plants combined." Additionally, the use of bio-fuels in old school boilers will significantly reduce the particulate pollution that leads to higher asthma incidence.

LEGISLATIVE HISTORY:

2011-2012: Referred to Finance (S.1766) 2009-2010: Referred to Finance (S.1146) 2007-2008: Referred to Finance (S.6105)

FISCAL IMPLICATIONS:

This bill will divert $50 million in RETT revenues from the General Fund to the EPF.

LOCAL FISCAL IMPLICATIONS:

This bill will save school districts money in two ways: 1) it provides State funding for the upgrade of their inefficient heating systems; and 2) energy costs will be lower for school districts that upgrade to more efficient heating systems.

EFFECTIVE DATE:

Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 1247 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. PERKINS, ADAMS, DIAZ, DILAN, HASSELL-THOMPSON, KRUEGER, PARKER, SAMPSON, SERRANO, STEWART-COUSINS -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the state finance law, in relation to establishing a clean air account; and making an appropriation therefor THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph a of subdivision 2 of section 92-s of the state finance law, as added by chapter 610 of the laws of 1993, is amended to read as follows: a. The comptroller shall establish the following separate and distinct accounts within the environmental protection fund: (i) solid waste account; (ii) parks, recreation and historic preservation account; (iii) open space account; [and] (iv) environmental protection transfer account[.]; AND (V) CLEAN AIR ACCOUNT. S 2. Paragraph (e) of subdivision 6 of section 92-s of the state finance law is relettered paragraph (f) and a new paragraph (e) is added to read as follows: (E) MONEYS FROM THE CLEAN AIR ACCOUNT SHALL BE AVAILABLE, PURSUANT TO APPROPRIATION, FOR CLEAN AIR ACCOUNT PROJECTS ACCORDING TO THE FOLLOW- ING: (I) THIRTY-FIVE MILLION DOLLARS TO UPGRADE SCHOOL BOILERS. THE COMMIS- SIONER OF EDUCATION SHALL ESTABLISH A PROCEDURE TO DETERMINE THE PRIORI- TY OF WHICH SCHOOL BOILERS SHALL BE REPLACED; (II) FIVE MILLION DOLLARS FOR GRANTS TO SCHOOLS IN CLEAN AIR NON-AT- TAINMENT AREAS TO PAY FOR THE INCREASED COST OF ULTRA LOW SULFUR DIESEL; AND
(III) TEN MILLION DOLLARS TO FUND THE INITIAL COSTS ASSOCIATED WITH CONVERSION TO BOILERS OR FURNACES THAT USE BIO-FUEL. S 3. The sum of fifty million dollars ($50,000,000), or so much there- of as may be necessary, is hereby appropriated to the department of environmental conservation out of any moneys in the state treasury in the general fund to the credit of the clean air account, not otherwise appropriated, and made immediately available, for the purpose of carry- ing out the provisions of this act. Such moneys shall be payable on the audit and warrant of the comptroller on vouchers certified or approved by the commissioner of the department of environmental conservation in the manner prescribed by law. S 4. This act shall take effect immediately.

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