Bill Text: NY S02649 | 2019-2020 | General Assembly | Amended

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

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Bill Title: Requires the governor's tax expenditure reporting to include an enumeration of all fossil fuel related tax expenditures; imposes a 5 year expiration upon any fossil fuel related tax expenditures enacted.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Engrossed - Dead) 2020-07-22 - referred to governmental operations [S02649 Detail]

Download: New_York-2019-S02649-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         2649--A
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 28, 2019
                                       ___________
        Introduced by Sens. KRUEGER, BROOKS, HOYLMAN, MONTGOMERY, RIVERA, SERRA-
          NO -- read twice and ordered printed, and when printed to be committed
          to  the  Committee on Budget and Revenue -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
        AN  ACT  to  amend the executive law, in relation to requiring an annual
          report of all fossil fuel related tax expenditures; and to provide for
          the expiration of fossil fuel related tax expenditures
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Legislative  findings.  The  legislature hereby finds and
     2  declares that the use of fossil fuels result  in  greenhouse  gas  emis-
     3  sions.  The  state  has  a  goal of reducing greenhouse gas emissions by
     4  eighty percent below 1990 levels  by  2050  to  combat  climate  change.
     5  Therefore,  the  state has an interest in reducing tax expenditures that
     6  support fossil fuels. By creating a process through which  the  legisla-
     7  ture  would  review  existing  fossil fuel tax expenditures on a regular
     8  basis, the state can better ensure that they are in the public interest.
     9    § 2. Subdivision 1 of section 181 of the executive law is  amended  by
    10  adding two new paragraphs (c) and (d) to read as follows:
    11    (c)  "Fossil  fuel"  shall  mean coal, kerosene, oil, biodiesel, other
    12  petroleum products, and fuel gases including, but not limited  to  meth-
    13  ane, natural gas, liquified natural gas and manufactured fuel gases.
    14    (d) "Fossil fuel related tax expenditures" shall mean tax expenditures
    15  that  directly  support, encourage or have a significant relationship to
    16  the production,  transmission,  distribution,  transportation,  storage,
    17  sale, purchase, delivery, consumption or use of fossil fuels.
    18    § 3. The opening paragraph and paragraphs (f) and (g) of subdivision 2
    19  of section 181 of the executive law, the opening paragraph as amended by
    20  chapter  309  of the laws of 1996 and paragraphs (f) and (g) as added by
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03121-02-9
        S. 2649--A                          2
     1  chapter 23 of the laws of 1990, are amended and two new  paragraphs  (h)
     2  and (i) are added to read as follows:
     3    In  addition  to  the  information  required  by  article seven of the
     4  constitution and section twenty-two of the state finance law, the gover-
     5  nor shall submit to the legislature and make available to the public  on
     6  the  websites  of the state division of budget and the executive office,
     7  and any other location deemed necessary to ensure ease  of  access,  [as
     8  early  as  practicable,  but no later than thirty days after] concurrent
     9  with submitting the budget, a  tax  expenditure  report  containing  the
    10  following  information  and  statements  relating to tax expenditures in
    11  articles nine (other than section one  hundred  eighty),  nine-A,  thir-
    12  teen-A,  twenty-two,  twenty-eight, thirty-one[, thirty-two] and thirty-
    13  three of the tax law:
    14    (f) comment, if any, on the effectiveness and efficiency of other  tax
    15  expenditures; [and]
    16    (g)  general  cautionary  and advisory notes concerning limitations of
    17  data, estimation procedures, sampling errors and imputed values,  promi-
    18  nently displayed[.];
    19    (h)  an  enumeration  of  all  fossil  fuel  related tax expenditures,
    20  including the annual cost of  such  expenditures  and  their  expiration
    21  dates  and the impact of such expenditures in regard to economic growth,
    22  jobs, individual cost of living and fossil fuel emissions; and
    23    (i) any recommendations of the governor regarding continuing,  modify-
    24  ing  or  repealing  such  fossil fuel related tax expenditures, and such
    25  other information regarding such tax expenditures as he or she may  feel
    26  useful  and  appropriate, in consultation with the state energy planning
    27  board.
    28    § 4. Notwithstanding any other provisions of law, there shall be  a  3
    29  year expiration for all fossil fuel related tax expenditures, as defined
    30  in  paragraph  (d) of subdivision 1 of section 181 of the executive law,
    31  with such 3 year period commencing on the effective date  of  this  act;
    32  provided, however, that if such an expenditure would otherwise expire or
    33  be  deemed  repealed  pursuant  to  law  upon an earlier date, then such
    34  expenditure shall expire or be deemed repealed upon such  earlier  date.
    35  Any  new  fossil fuel related tax expenditure enacted by the legislature
    36  after the effective date of this act shall be subject to a 3 year  expi-
    37  ration  commencing  on  the effective date of the act which enacted such
    38  expenditure unless otherwise specified by the legislature at that time.
    39    § 5. This act shall take effect immediately.