STATE OF NEW YORK ________________________________________________________________________
6837
2019-2020 Regular Sessions
IN SENATE
November 8, 2019 ___________
Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the public authorities law and the education law, in relation to establishing a climate change education grant program
The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as 2 the "New York climate change education act". 3 § 2. The public authorities law is amended by adding a new section 4 1884 to read as follows: 5 § 1884. Climate change education grant program. 1. Definitions. As 6 used in this section, the following terms shall have the following mean- 7 ings: 8 (a) "Eligible applicant" shall mean (i) a public school district, (ii) 9 a board of cooperative educational services, (iii) a community based 10 organization which may be a for-profit corporation or entity or not-for- 11 profit corporation or organization, or (iv) a consortium or partnership 12 formed by a public school district, a board of cooperative educational 13 services and one or more community based organizations which qualifies 14 for the award of a climate change education grant by the authority under 15 this section. 16 (b) "Grant program plan" shall mean the plan submitted to the authori- 17 ty by an eligible applicant pursuant to subdivision four of this 18 section. 19 (c) "Climate change education grant program" shall mean a comprehen- 20 sive climate change education program conducted by an eligible applicant 21 pursuant to subdivision four of this section. 22 2. Establishment of climate change education grant program; general 23 components. (a) There is hereby established within the authority a 24 climate change education grant program. The program shall be established 25 by the authority, in consultation with the commissioner of education.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13985-01-9
S. 6837 2
1 The purpose of the program shall be to provide grants to eligible appli- 2 cants to support climate change education grant programs for young 3 people which provides them with topics of instruction in the components 4 set forth in paragraph (b) of this subdivision or to provide grants to 5 eligible applicants to provide optional teacher training or professional 6 development programs relevant to the advance of climate change literacy 7 of young people. 8 (b) In order for an eligible applicant to receive an award of an annu- 9 al grant under paragraph (c) of this subdivision, the applicant shall 10 submit with the application the components of instruction which shall be 11 offered in the applicant's climate change education grant program. The 12 applicant shall create a climate change education program designed to 13 increase the climate literacy of young people by broadening the under- 14 standing of climate change, including possible long-term and short-term 15 consequences of climate change and potential solutions or create a 16 program designed to assist teachers in their professional development as 17 related to increasing the climate literacy of young people. The authori- 18 ty may determine certain components and topics of instruction that shall 19 be required to be included in the climate change education program 20 offered by the applicant. The authority may also determine certain 21 components and topics of instruction that shall be offered by the appli- 22 cant in providing relevant training and professional development to 23 teachers. 24 (c) Any eligible applicant may apply for, and upon approval of the 25 application by the authority, shall be awarded an annual climate change 26 education grant provided that the applicant demonstrates in the grant 27 program plan submitted to the authority that: 28 (i) the applicant is capable of providing students with an effective 29 climate change education program that shall be meaningful and capable of 30 providing an effective climate change education program or the applicant 31 is capable of providing teachers with a relevant effective training or 32 professional development program and either program shall be conducted 33 in accordance with this section and any regulations promulgated pursuant 34 to this section; and 35 (ii) if such applicant is a community based organization, that the 36 applicant has a proven record and experience in conducting meaningful 37 and successful climate change education programs, and that the applicant 38 is capable of providing a climate change education program to a broad 39 based segment of the youth population or teachers with specific emphasis 40 on targeted youths and teachers located in environmental justice commu- 41 nities in such organization's service area. The authority may seek and 42 shall receive any pertinent information or request and receive recommen- 43 dations as to such community based organization's interactions or prior 44 dealings with any other state or local governmental entity, including, 45 but not limited to, any public school district or board of cooperative 46 educational services in making the determination required by this para- 47 graph. 48 (d) All moneys provided in grants under this section shall be in addi- 49 tion to, and not in lieu of, any moneys historically appropriated for 50 the same or similar purposes and shall not be used to offset or reduce 51 moneys previously expended for similar programs. 52 3. Climate change education grant program awards. (a) Within amounts 53 appropriated therefor, the authority shall be authorized to grant awards 54 for the support of approved climate change education grant programs.
S. 6837 3
1 (b) Grants to support an approved climate change education grant 2 program shall be awarded on a competitive basis in accordance with 3 criteria established by the authority. 4 (c) The authority shall appropriate at least fifty percent of all 5 grant money appropriated for the climate change education program to 6 eligible applicants for the purposes of increasing the climate literacy 7 of young people through a climate change education program. The authori- 8 ty shall appropriate no more than fifty percent of all grant money 9 appropriated to teacher training or professional development. 10 (d) The department of education shall, from within amounts appropri- 11 ated to the department, undertake all activities necessary to plan for 12 and preliminarily provide for the timely implementation of the climate 13 change education grant program established pursuant to this section for 14 the state fiscal year commencing one year following the effective date 15 of this section. 16 (e) Not more than five percent of any amounts made available by appro- 17 priation in any single fiscal year for the climate change education 18 grant program shall be annually retained by the authority for the admin- 19 istrative purposes of the department. 20 (f) Of the amounts made available by appropriation for the climate 21 change education grant program, not more than five percent of any funds 22 made by such appropriation for the state fiscal year commencing three 23 years following the effective date of this section shall be made avail- 24 able for payment to a nationally recognized and accredited organization 25 with experience in analyzing the efficacy and benefits of climate change 26 education grant programs for purposes of enabling such organization to 27 evaluate the totality of the grant program and grants awarded in the two 28 years following the effective date of this section. Not more than four 29 percent of any funds made by such appropriation for the state fiscal 30 year commencing four years following the effective date of this section 31 shall be made available for payment to the same organization which was 32 awarded the initial contract to so analyze the climate change education 33 grant program for the purpose of providing necessary funds to such 34 organization to analyze the climate change education grant program from 35 its inception through and including all the grant year periods author- 36 ized under this section. The contract to be awarded to such organization 37 shall be let only after a request for proposal has been issued by the 38 department of education in the manner provided for by law, and the award 39 of such contract shall be subject to competitive bidding requirements as 40 also required by law. The department of education shall include within 41 the request for proposal detailed criteria of evaluation to be employed 42 by the organization to be awarded the bid. The request for proposal 43 shall also allow for a bidding organization to submit additional evalua- 44 tive criteria that may be utilized by the organization awarded the bid 45 if approved by the department of education. Notwithstanding any incon- 46 sistent provision of this paragraph, the request for proposal shall 47 include a provision authorizing the authority to terminate the awarded 48 contract to the successful bidder with respect to the conduct of the 49 second evaluation of the grant program for the entire grant period 50 authorized under this section if the authority is not satisfied with the 51 quality of effort demonstrated by such bidder in the first evaluation of 52 the grant program period. In such case, a similar request for proposal 53 procedure shall be utilized for the purpose of making the second evalu- 54 ation. 55 (g) Beginning with the school year beginning in July two years follow- 56 ing the effective date of this section and every school year thereafter,
S. 6837 4
1 from any annual appropriations and/or reappropriations made therefor, 2 the authority shall set aside eighty percent of the money so appropri- 3 ated (minus any amounts necessary to pay adjustment expenses pursuant to 4 paragraphs (d), (e), and (f) of this subdivision) for the purpose of 5 awarding grants for climate change education grant program plans 6 approved by the authority pursuant to subdivision four of this section 7 to be conducted by public school districts and/or boards of cooperative 8 educational services including those programs which are going to be 9 conducted in accordance with a program plan pursuant to consortiums or 10 partnerships formed by a public school district and/or board of cooper- 11 ative educational services and one or more community based organiza- 12 tions. Priority, substantial consideration and weight shall be accorded 13 by the authority in the awarding of grants to such consortiums or part- 14 nerships. The authority shall set aside twenty percent of any appropri- 15 ation for the purpose of awarding grants for climate change education 16 grant program plans approved by the authority for eligible applicants 17 who are community based organizations which are not conducting such 18 program as part of a consortium or partnership. 19 4. Application for grants; climate change education grant program 20 plan. (a) The authority shall establish an application procedure by 21 which eligible applicants may apply for a grant pursuant to this 22 section, and the manner and method including specified objective crite- 23 ria consistent with this section by which the authority shall determine 24 the eligibility of an applicant. 25 (b) The eligible applicant shall submit with the climate change educa- 26 tion grant application the applicant's grant program plan to the author- 27 ity, which shall include a detailed description of the proposed climate 28 change education program, including but not limited to: 29 (i) an outline for the curriculum to be covered in the eligible appli- 30 cant's program for students or workshop for teachers, including instruc- 31 tional materials, books, videos or other instructional tools to be used 32 and the training which will be provided to teachers, personnel and 33 volunteers who will conduct the program; 34 (ii) any special or unusual or innovative services, programs or educa- 35 tion methods to be utilized including special technology or scientific 36 methods; 37 (iii) the number and types of teaching or other personnel to be 38 employed, or volunteers to be used, together with their professional or 39 academic credentials; 40 (iv) the geographic area in which the proposed program will be offered 41 along with an estimate of the number of students or teachers who the 42 applicant estimates will participate in such a program and if the 43 geographic area is located in an environmental justice community; 44 (v) a demonstration that the proposed program is adequate in terms of 45 course length; 46 (vi) special training or professional development services offered for 47 teachers if relevant; and 48 (vii) any other information the authority may request. 49 5. Maintenance of effort. Any moneys made available to an eligible 50 applicant shall not be used to offset or reduce the amount of moneys 51 previously expended for the same or similar programs in a prior year, 52 but shall be used to supplement any prior years' expenditures. No eligi- 53 ble applicant shall reduce any subsequent years' expenditures for the 54 same or similar programs as a result of receiving any grant, or increase 55 in the amount of any prior awarded grant, pursuant to this section.
S. 6837 5
1 6. Annual reports by grant recipients. (a) Every eligible applicant 2 that has been awarded a grant under this section shall file an annual 3 report with the authority, in such form and with such data as the 4 authority prescribes detailing the expenditure of grant funds, together 5 with an analysis of the climate change education grant program it 6 conducted. 7 (b) The authority shall on or before February first in each year, 8 submit a report on the program to the governor, the temporary president 9 of the senate and the speaker of the assembly containing his or her 10 findings and recommendations. In the report submitted in the fourth year 11 and the sixth year following the effective date of this section respec- 12 tively, the authority shall also include the evaluation of the program 13 as presented by the accredited organization in accordance with subdivi- 14 sion three of this section. 15 7. Notification to potential applicants. The authority shall send, in 16 a timely manner, every public school district and board of cooperative 17 educational services and every requesting community based organization a 18 copy of this section and general information relating to the climate 19 change education grant program and the application process therefor. 20 8. Regulations. The authority shall promulgate rules and regulations 21 as shall be reasonably necessary to effectuate the provisions of this 22 section. 23 § 3. Section 305 of the education law is amended by adding a new 24 subdivision 59 to read as follows: 25 59. The commissioner shall cooperate with the president of the New 26 York state energy research and development authority in establishing a 27 climate change education grant program as described in section eighteen 28 hundred eighty-four of the public authorities law. 29 § 4. Severability. If any clause, sentence, paragraph, subdivision or 30 section of this act shall be adjudged by any court of competent juris- 31 diction to be invalid and after exhaustion of all further judicial 32 review, the judgment shall not affect, impair or invalidate the remain- 33 der thereof, but shall be confined in its operation to the clause, 34 sentence, paragraph, subdivision or section of this act directly 35 involved in the controversy in which the judgment shall have been 36 rendered. 37 § 5. This act shall take effect immediately.